Read the judgment here.
A JR by an asylum seeker whose application for asylum was refused in 2013 by the SSHD and whose appeals from that refusal to the FtT and the UT were rejected. She made a further application for asylum on 13 May 2014.
The C succeeded in showing the Defendant failed to follow one of her own policies re medical reports from the Helen Bamber and Medical Foundations, and to suspend a decision pending the report.
It was held that detention was lawful pursuant to a Rule 35 report: the Defendant was entitled not to regard the report as independent evidence of torture, or of a serious mental health condition. However, detention was unlawful as result of the failure to suspend the decision to remove. A suspended decision meant that removal was unlikely to occur soon.
The information and any commentary on the web page 1MCB Legal Updates is provided free of charge for information purposes only and does not amount to legal or other professional advice.
Whilst we try to ensure the information provided in 1MCB Legal Updates is accurate it may have been superseded by other legal developments since the date of publication.
1MCB do not accept any responsibility for any loss which may arise from reliance on information contained in 1MCB Legal Updates.