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Judicial Review of decisions of the Secretary of State for the Home Department to certify her decision to refuse the Petitioner's application on human rights grounds to remain in the United Kingdom, in terms of Section 94(2) of the Nationality, Immigration and Asylum Act 2002, and to decide to remove the Petitioner from the United Kingdom
[1] The petitioner is a citizen of Liberia . He is aged twenty-three. He is deaf. He entered the United Kingdom illegally on 1 January 2007 , having travelled through several African states, Spain and France . On 27 February 2007 he sought asylum under the Geneva Convention relating to the Status of Refugees as amended by the 1967 Protocol ("the Refugee Convention"). He also submitted that an order removing him from the United Kingdom would if implemented be a breach of articles 3, 8 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ("the ECHR").
[3] In this application the petitioner seeks to challenge the certification in relation to his ECHR claim and thereby open his right of appeal to the Asylum and Immigration Tribunal ("AIT"). He accepts the certification that his claim under the Refugee Convention is clearly unfounded. His submission is that the certification that his ECHR case was clearly unfounded was unreasonable in the Wednesbury sense.
[5] Secondly he submitted that in the context of returning a person to another country a claim under article 8 of ECHR should have regard to the physical and moral integrity of the claimant and that circumstances which did not amount to a breach of article 3 could nonetheless be a breach of article 8: R (Bernard) v London Borough of Enfield [2002] EWHC 2282 (Admin) .
[7] Finally he submitted that the decision to certify was vitiated by the absence of a proper basis in fact for the Secretary of State's findings of fact about the activities in Liberia of certain non-governmental organisations ("NGOs") whose activities included the provision of assistance to deaf people.
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