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Bloomsburry Family law

Procedures

R v SoS for the Home Department, ex p Thangarasa; R v SoS for the Home Department, ex p Yogathas [2002] UKHL 36

Judicial Review - Human Rights - Immigration - Asylum - Tamils from Sri Lanka sought asylum in UK after first seeking asylum in Germany - Secretary of State directed removal to Germany as responsible State under Dublin Convention - Secretary of State entitled to certify under Asylum and Immigration Act 1996, s 2(2) that Germany would not send asylum seeker to another country or territory otherwise than in accordance with Geneva Convention - Secretary of State entitled to certify under Immigration and Asylum Act 1999, s 72(2) that allegation that decision to send asylum seeker back to Germany was in breach of the European Convention on Human Rights was manifestly unfounded

Civil litigation brief

Gordon Exall looks at judicial observations on witness statements and argues that the drafting of witness statements is a neglected craft

Lodhi v Governor of HM Prison Brixton [2002] EWHC 2029 (Admin)

Extradition and Exclusion - Habeas Corpus - Second extradition request in relation to serious drug offences in United Arab Emirates - Second request not in circumstances abuse of process - Applicant’s claim that extradition unjust by reason of delay rejected - No evidence that prisoners in UAE systematically received less favourable treatment in significant way while serving their sentences by reason of their race or nationality and that those responsible for prisons either approved and encouraged such treatment or turned blind eye to it - Extradition Act 1989, ss 6(1)(d), 11(3)(b)

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