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Accordingly the Secretary of State accepts that there is a real risk that if Ms. Adan were sent to Germany the German authorities (including the German court), applying the accountability theory, would reject her claim for asylum and send her back to Somalia.
Under the law of the United Kingdom, as decided by this House in Adan v. The Secretary of State for the Home Department, an asylum-seeker is entitled to the protection to Article 33 notwithstanding that the state in whose territory he fears persecution is not complicit in that persecution.
Dec 19, 2000 · It is common ground that if each of the appellants were sent back to the countries from which immediately they came to the United Kingdom, Germany would probably send back Adan to Somalia and France would probably send back Aitseguer to Algeria.
Nov 24, 1998 · The Queen's Bench Divisional Court so held when dismissing an application by Lul Omar Adan to quash the decision of the secretary of state made on February 26, 1998 (i) to certify under section 2(c) of the Asylum and Immigration Act 1996 that her claim to asylum could be removed to Germany, a safe third country, which would not send her to ...
- House of Lords
- Lord Slynn of Hadley
- Lord Steyn
- Adan's Asylum Application
- Aitseguer's Asylum Application
- Different Interpretations of The Refugee Convention
- The Act of 1999
- The Decision in The Court of Appeal
- The Status of The Appeals Before The House
- The Issues
OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENT IN THE CAUSE REGINA v. SECRETARY OF STATE FOR THE HOME DEPARTMENT (APPELLANT) EX PARTE ADAN (RESPONDENT) REGINA v. SECRETARY OF STATE FOR THE HOME DEPARTMENT (APPELLANT) EX PARTE AITSEGUER (RESPONDENT) ON 19 DECEMBER 2000
My Lords, I have had the advantage of reading drafts of the speeches of my noble and learned friends Lord Steyn and Lord Hobhouse of Woodborough. I gratefully adopt Lord Steyn's summary of the relevant facts and of the Statutory and Convention provisions involved. In the light of their opinions my own view can be stated more shortly. It is common g...
My Lords, There are two appeals before the House from decisions on separate applications for judicial review, which were heard together and determined in a single judgment in the Court of Appeal: Reg. v. Secretary of State for the Home Department, Ex parte Adan; Reg. v. Secretary of State for the Home Department, Ex parte Aitsegeur[1999] 3 W.L.R. 1...
Stripped of unnecessary detail, the sequence of events was as follows. Adan is a citizen of Somalia. She is now 28 years of age. She claimed asylum in Germany. She told the German authorities that she was a member of a minority clan and that she had been persecuted by majority clans dominant near Mogadishu. On 25 August 1997 the German Federal Offi...
Aitseguer is a citizen of Algeria. He is now 33 years of age. On or about 26 January 1998 he arrived in France. He did not claim asylum in France. On 9 February 1998 he arrived in the United Kingdom and claimed asylum. He claimed to be at risk from the Groupe Islamique Armé and said that the Algerian authorities are unable to protect him. On 12 Feb...
Article 1A of the Refugee Convention provides, so far as material: "For the purposes of the present Convention, the term 'refugee' shall apply to any person who . . . (2) [As a result of events occurring before 1 January 1951 and] owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular s...
Section 169(3) of the Schedule 16 to the Immigration and Asylum Act 1999 repealed sections 2 and 3 of the 1996 Act. By section 11 of the 1999 Act, a member state of the European Union with which there are standing arrangements, such as the Dublin Convention, for determining which state is responsible for considering applications for asylum, is to b...
The Secretary of State's principal submission before the Court of Appeal was that under section 2(2)(c) of the Act 1996 it was a sufficient compliance with the statute if he considered that the approach of the third country was a reasonable interpretation of the Refugee Convention open to that country. In a detailed and careful judgment of the cour...
The outcome of the two appeals before the House will not affect the cases of Adan and Aitsegeur. But the appeals raise important issues which may require consideration in other cases, including cases of removal to countries outside the European Union. In accordance with the approach set out in Reg. v. Secretary of State for the Home Department, Ex ...
In the context of a certificate issued under section 2(2)(c) of the Act of 1996 the following issues arise: (A) Does article 1A(2) of the Refugee Convention have a proper international meaning, the interpretation of which is decided by the court as a question of law, in relation to the consideration of claims of persecution by non-state agents? (B)...
Sep 1, 1999 · Ms Adan, from Somalia, had her claim for asylum rejected in Germany and subsequently came to the United Kingdom. She was seeking asylum from an armed group who were persecuting her clan. Mr Subaskaran fled via Germany from Sri Lanka, fearing persecution at the hands of the Tamil Tigers.
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Why did Adan leave Germany?
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Why did Lul Adan seek asylum in Germany?
Why did the Secretary of state issue a certificate in Lul Adan?
How have English courts looked at Adan v Secretary of State?
Jul 23, 1999 · On 3 February 1998 the Secretary of State issued a request to Germany, under the material provisions of the Dublin Convention, to accept responsibility for considering Lul Adan's asylum claim, and Germany did so on 13 February 1998.
