Negassi, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 386 (Admin) (4 March 2011)

The claimant is a national of Eritrea first entered this country in September 2005 using a false name and passport and claimed asylum the following day. On 27 January 2006 his application was refused. He appealed unsuccessfully and his appeal rights were finally exhausted when his application to this court for a reconsideration of the Immigration Appeal Tribunal's decision was rejected on 30 March 2006. The Administrative Court, in dismissing the claimant's application for judicial review, held that although there had been an error in the transposition of art 11 of Council Directive EC 2003/9 (laying down minimum standards for the reception of asylum seekers), it was not sufficiently serious as to found a claim for damages. Further, there had been no breach of art 8 of the European Convention on Human Rights.

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