Immigration Law Update: Damages: AD v The Home Office [2015] EWHC 663 (QB)

Please follow this link to read the full judgment.

Preliminary issues trial in respect of a claim for damages against the D, Secretary of State, for alleged breaches in consideration of an asylum claim. The claim was that the D had breached her duties in certifying the claim as clearly unfounded and returning the C to their country of origin where they suffered further persecution which was subsequently accepted by the FTT. The court considered three issues and taking the claim at its highest found against the C, in that:

The Qualification Directive and the Procedures Directive relied upon do confer rights on the individual;
any breaches alleged were not "sufficiently serious" so as to give rise to a claim for reparation under EU law;
in any event the breaches were not directly causative of the damage sustained.

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