Removal of asylum seekers to third countries, incompatible with ECHR law

Refugee Legal Centre Press Release 2nd July 2007

• Posted on Jul 9, 2007

High Court rules that the law on removals of asylum seekers to third countries is incompatible with the European Convention on Human Rights

The Refugee Legal Centre welcomes today's (2 July 07) High Court decision [Javad Nasseri v SSHD] that a provision of our immigration law is incompatible with the European Convention on Human Rights . The ruling was made as a result of a challenge brought by the Refugee Legal Centre to stop the removal to Greece of a 17 year-old Afghan boy who had claimed asylum in the UK. At the time of the decision to remove him, the United Nations High Commissioner for Refugees had warned that such applicants could be subject to immediate removal from Greece without consideration there of whether they need protection. However, a provision of UK immigration law demanded that both government officials considering the applicant's case and the courts ignore that risk to him.

In 2006, the government refused to consider the applications of 1690 asylum seekers on the basis that they could be sent to a 3rd country . The overwhelming majority of those people will have been removed from the UK without the benefit of the government investigating whether, in their individual cases, the country to which they were being sent would investigate their claims to be in need of international protection.

Mr Deri Hughes-Roberts, acting Deputy Chief Executive of the Refugee Legal Centre, said:

"The Refugee Legal Centre calls on the government to amend our immigration law to bring it into line with the European Convention on Human Rights. Our immigration law should allow officials and the courts to consider the risk to individuals of removal to supposedly safe 3rd countries and permit applicants to appeal against the merits of any decision to remove them. This would ensure that our country lives up to its human rights obligations towards those that have been forced to flee their homes to seek sanctuary abroad."

Judgement - Javad Nasseri - and - SSHD - attached

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