Courts to take account of human rights violations in asylum-seekers country of origin
17 Jun 2004
House of Lords ruling R v Special Adjudicator, ex parte Ullah AND Do v Secretary of State for the Home Department
In an historic judgment the House of Lords has ruled that a court must take into account potential violations of human rights in the country of origin of an asylum seeker, when taking a decision on the right to stay.
Commenting on today’s ruling, Alex Gask, Liberty’s legal officer, said:
"This is an historic judgment. The HoL has ruled that a breach of virtually any human right in another country must be taken into consideration when deciding whether or not an asylum seeker is allowed to stay here.
The applicability of the Convention cannot be limited to instances when torture or inhuman or degrading treatment is alleged. Human rights are universal and the protection they offer should not be limited to violations that occur within the UK."
JUSTICE's Director of Human Rights Policy, Eric Metcalfe said:
"The Lords' ruling recognizes that, in immigration cases, there is more to human rights than just the right not to be tortured. Somebody facing removal to a country where they would face arbitrary detention without trial for many years will now be able to seek the protection of the UK courts."