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The Decisions Of The House Of Lords In The Case Of R Vs. Special Adjudicator

3249 words - 13 pages

The Decisions of the House of Lords in the Case of R vs. Special Adjudicator

To what extent do the House of Lords' decisions in R v Special
Adjudicator ex parte Ullah and Do (2004) and in R (Razgar) v SSHD
(2004) advance the interest of those seeking to rely on the Human
Rights Act 1998 in order to avoid removal from the United Kingdom?

This essay will examine the decisions of the House of Lords in the
case of R v Special Adjudicator ex parte Ullah and Do[1] and in
R (Razgar) v SSHD[2] in relation to the rights of the refugees and
asylum seekers to rely on the Human Rights Act 1989 in order to avoid
removal from the United Kingdom. The first part of this essay will
outline the decisions of the House of Lords in those two cases. The
second part of this essay will analyse the decisions vis-à-vis the
human rights law.

According to Lord Bingham, the primary issue in exparte Ullah and Do
is whether any article of the European Convention on Human Rights
other than article 3 could be engaged in relation to a removal of an
individual from the United Kingdom where the anticipated treatment in
the receiving state will be in breach of the requirements of the
Convention, but such treatment does not meet the minimum requirements
of article 3 of the Convention. Article 3 concerns about protection
against torture or other inhuman or degrading treatment.

In this case, Mr. Ullah is a citizen of Pakistan and an active member
of the Ahmadhiya faith. He arrived in this country from Karachi in
January 2001 and applied for asylum, claiming to have a well-founded
fear of persecution in Pakistan as a result of his religious beliefs.
The Secretary of State dismissed his claim for asylum and held that
Mr. Ullah had not qualified for permission to remain in this country
by reason of any article of the European Convention. Mr. Ullah's
appeal to an adjudicator was dismissed. The adjudicator found that he
did not have a well-founded fear of persecution. She also found that
although articles 9, 10 and 11 of the Convention could be engaged in a
situation of this kind, Mr. Ullah would suffer no serious infringement
of these rights in Pakistan; the Secretary of State was acting
lawfully in pursuance of the legitimate aim of immigration control;
and his decision to remove Mr. Ullah to Pakistan was proportionate to
any difficulties he might face on his return. An application for
judicial review of this decision was dismissed by Harrison J, who
recognised the importance of the issues and gave permission to appeal.

Miss Do is a citizen of Vietnam and entered this country in November
2000. She applied for asylum, based on her fear of persecution as a
practising Roman Catholic in Vietnam. The Secretary of State refused
her application and concluded that she did not qualify for protection
under any...

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