R (Razgar) v SSHD [2004] UKHL 27

The claimant was an Iraqi asylum seeker who had already sought asylum in Germany, but claimed that his return to Germany would adversely affect his mental health. (1) In principle, Article 8 rights can be engaged by the foreseeable consequences for health of removal from the UK pursuant to an immigration decision, even where such removal does not violate Article 3, if the facts relied on by the applicant are sufficiently strong. (2) On the facts, the Home Secretary's decision to certify the claim as manifestly unfounded was unlawful, as an adjudicator could have properly ruled in the claimant's favour.

Related cases

R (Razgar) v SSHD [2004] UKHL 27


17 June 2004

Lord Bingham of Cornhill

Lord Steyn

Lord Walker of Gestingthorpe (dissenting)

Baroness Hale of Richmond (dissenting)

Lord Carswell

External link


Commentary on 1 Crown Office Row website