Immigration Law Update: R (on the application of Thavarajah) v The Secretary of State for the Home Department [2015] EWHC 208 (Admin

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.

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