Hearings
England & Wales
11 Nov 2003 [2003] EWCA Civ 1605; [2004] 1 WLR 1207, CA
21 Jul 2004 (pet all) [2005] UKHL 38; [2005] 2 AC 668; [2004] 1 WLR 2449; [2005] 2 WLR 1359; [2005] 4 All ER 263, HL(E)
R (Bagdanavicius) v Secretary of State for the Home Department
Subject Matter
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 certifying claims as clearly unfounded — Whether real risk of ill-treatment from non-state agents sufficient to avoid expulsion — Whether additional requirement to show insufficiency of state protection — Human Rights Act 1998 Sch 1, Pt I, art 3 — Nationality, Immigration and Asylum Act 2002, s 115
Appellate History
R (Bagdanavicius) v Secretary of State for the Home Department [2003] EWHC 854 (Admin)
Decision of Maurice Kay J affirmed
R (Bagdanavicius) v Secretary of State for the Home Department [2003] EWCA Civ 1605; [2004] 1 WLR 1207, CA
R (Bagdanavicius) v Secretary of State for the Home Department [2003] EWCA Civ 1605; [2004] 1 WLR 1207, CA
Decision of the Court of Appeal affirmed on partly different grounds
R (Bagdanavicius) v Secretary of State for the Home Department [2005] UKHL 38; [2005] 2 AC 668; [2004] 1 WLR 2449; [2005] 2 WLR 1359; [2005] 4 All ER 263, HL(E)
Commentary
Blackstones Civil Practice 2023
Right to a Fair and Public Hearing and Civil Litigation - Enforcement of foreign judgments and restraining foreign proceedings
91.51
Introduction 91.1