The Decisions of the House of Lords in the Case of R vs. Special Adjudicator

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The Decisions of the House of Lords in the Case of R vs. Special Adjudicator

To what extent do the House of Lords' decisions in R v Special

Adjudicator ex parte Ullah and Do (2004) and in R (Razgar) v SSHD

(2004) advance the interest of those seeking to rely on the Human

Rights Act 1998 in order to avoid removal from the United Kingdom?

This essay will examine the decisions of the House of Lords in the

case of R v Special Adjudicator ex parte Ullah and Do[1] and in

R (Razgar) v SSHD[2] in relation to the rights of the refugees and

asylum seekers to rely on the Human Rights Act 1989 in order to avoid

removal from the United Kingdom. The first part of this essay will

outline the decisions of the House of Lords in those two cases. The

second part of this essay will analyse the decisions vis-à-vis the

human rights law.

According to Lord Bingham, the primary issue in exparte Ullah and Do

is whether any article of the European Convention on Human Rights

other than article 3 could be engaged in relation to a removal of an

individual from the United Kingdom where the anticipated treatment in

the receiving state will be in breach of the requirements of the

Convention, but such treatment does not meet the minimum requirements

of article 3 of the Convention. Article 3 concerns about protection

against torture or other inhuman or degrading treatment.

In this case, Mr. Ullah is a citizen of Pakistan and an active member

of the Ahmadhiya faith. He arrived in this country from Karachi in

January 2001 and applied for asylum, claiming to have a well-founded

fear of persecution in Pakistan as a result of his religious beliefs.

The Secr...

... middle of paper ...

... [3] [2004] UKHL 26

[4] Communication No 692/1996

[5] [2004] UKHL 26, at para 23.

[6] Ibid, para 88

[7] ibid para 89

[8] [2002] UKHL 36 (17 October 2002)

[9] at para 14

[10] at para 34

[11] David Rhys Jones; Sally Verity Smith, Medical Evidence in Asylum

and Human Rights Appeals, INTERNATIONAL JOURNAL OF REFUGEE LAW, July

2004, IJRL 2004.16(381)

[12] [2003] EWCA Civ 840, 19 June 2003,

[13] David Rhys Jones; Sally Verity Smith, Medical Evidence in Asylum

and Human Rights Appeals, INTERNATIONAL JOURNAL OF REFUGEE LAW, July

2004, IJRL 2004.16(381)

[14] ibid

[15] [2003] UKIAT00017 (1 July 2003).

[16] Courts to take account of human rights violations in

asylum-seekers country of origin,

http://www.liberty-human-rights.org.uk/press/press-releases-2004/ullah-asylum.shtml

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