Justitia CHAMBERS

Asylum & Public Law

 

R v SSHD Ex parte Demiraj and another [1998] INLR 451, Times Law Reports 26.3.98

Safety of Germany as a third country under the Dublin Convention for Kosovar Albanians during the Balkans conflict.

 

R v SSHD Ex parte I, [1998] INLR 472, Times Law Reports 16.6.98

Safety of Germany as a third country under the Dublin Convention due to its standard of proof and the margin of appreciation.

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TI v UK, Appl. No. 43844/98, European Court of Human Rights, 7 March 2000. [2000] INLR 211

Ursula was Junior Counsel before the ECtHR in this very important Dublin Convention case. The ECtHR found that Article 3 could be breached by indirect return to a third country. The ECtHR had concerns that there would a risk of treatment contrary to Article 3 if the Applicant were returned to Sri Lanka. The ECtHR declared the application inadmissible solely because the German government gave an assurance that the Applicant would be readmitted into the German asylum procedure for a second time.  

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Makozo (20033) AIT, cited at paragraph 22 of Tanveer Ahmed [2002] UKIAT 00439

The AIT in Makozo agreed with the submission that the burden of proof is on the Secretary of State where s/he alleges that a document is a forgery. Ursula believes that this is still an important overlooked case in asylum and immigration matters.