Certifying asylum and human rights claims as “clearly unfounded”

24 June 2016

In FR and Anor (Albania), R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 605 the Court of Appeal has given an important ruling as to the approach that needs to be followed by the Secretary of State in certifying asylum and human rights claims as “clearly unfounded” under section 94(3) of the Nationality, Immigration and Asylum Act 2002.  The Court emphasised the need for the Secretary of State to give separate consideration to a claim for asylum, where she decides whether the claim should be refused, and the decision on the issue of certification.  Certification is only possible where the claim permits of only one answer before a tribunal and would be bound to fail.  On the facts of these cases, the Court quashed the certificates.

In the case of KL the appellant was represented by Monica Carss-Frisk QC of Blackstone Chambers and Joseph Markus of Garden Court North Chambers, instructed by Jo Renshaw of Turpin & Miller LLP.

In the case of FR the appellant was represented by Monica Carss-Frisk QC of Blackstone Chambers and David Jones of Garden Court Chambers, instructed by Naim Hasani of Duncan Lewis Solicitors.