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R v SoS for the Home Department, ex p Thangarasa; R v SoS for the Home Department, ex p Yogathas [2002] UKHL 36

Judicial Review - Human Rights - Immigration - Asylum - Tamils from Sri Lanka sought asylum in UK after first seeking asylum in Germany - Secretary of State directed removal to Germany as responsible State under Dublin Convention - Secretary of State entitled to certify under Asylum and Immigration Act 1996, s 2(2) that Germany would not send asylum seeker to another country or territory otherwise than in accordance with Geneva Convention - Secretary of State entitled to certify under Immigration and Asylum Act 1999, s 72(2) that allegation that decision to send asylum seeker back to Germany was in breach of the European Convention on Human Rights was manifestly unfounded

1 November 2002

Y and T were Tamils from Sri Lanka. T fled from Colombo to Germany in 1992 and applied for asylum there. He was granted refugee status but that was withdrawn in 1999 on the basis that it would be safe for him to return to Sri Lanka. T travelled to the UK in November 2000 and claimed asylum. The Secretary of State directed T’s removal to Germany as the responsible State under the Dublin Convention criteria. The Secretary of State barred an appeal against that decision under s 65 of the Immigration and Asylum Act 1999 on grounds that the decision to send T back to Germany would be in breach of the European Convention on Human Rights by certifying under s 72(2) that such an allegation was manifestly unfounded. T applied for judicial review of that decision arguing that because of the view taken in Germany of acts of persecution by non-State agents, there was a gap in the protection available to him in Germany compared with that in the UK so that there was a real risk that he would be se...

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