The Weekly Law Reports
[2004] 1 WLR 1207
Court of Appeal
Regina (Bagdanavicius and another) v Secretary of State for the Home Department
[2003] EWCA Civ 1605
2003 July 7,
8;
Nov 11
Nov 11
Lord Woolf CJ, Auld and Arden LJJ
Immigration
— Asylum
— Inhuman or degrading treatment
— Lithuanian family claiming risk of inhuman or degrading treatment from non-state actors if returned to Lithuania
— Secretary of State finding sufficiency of state protection and certifying claims as clearly unfounded
— Threshold of risk to be applied
— Whether state's willingness and ability to protect sufficient if real risk remaining
—
Human Rights Act 1998 (c 42), Sch. 1, Pt I, art 3
—
Nationality, Immigration and Asylum Act 2002 (c 41), s. 115