R (Razgar) v SSHD [2003] EWCA Civ 840
The Secretary of State cannot lawfully certify that an immigration claim is manifestly unfounded unless the claim is bound to fail before an adjudicator; it it not enough that it is very likely to fail. All three claimants had already claimed asylum in safe European countries before claiming asylum again in the UK; the challenges to the Secretary of State's decisions were based on Article 3 and/or 8 and mental health consequences of removal.
Related cases
R (Razgar) v SSHD [2004] UKHL 27
Other
19th June 2003
Judge LJ, Dyson LJ, Pumfrey LJ
Mr Neil Garnham QC, Mr Michael Fordham and Ms Catherine Callaghan (instructed by Treasury Solicitors) for the Secretary of State for the Home Department
Mr Nicholas Blake QC and Mr Tublu Mukherjee (instructed by Messrs Clore & Co) for Mr Razgar
Ms Frances Webber (instructed by Messrs Bindman and Partners) for Ms Soumahoro
Mr Raza Husain (instructed by Messrs Winstanley Burgess) for Mr Nadarajah