GH (Afghanistan) v Secretary of State for the Home Department

LORD JUSTICE BROOKE Vice-President of the Court of Appeal (Civil Division) LORD JUSTICE BUXTON and SIR PAUL KENNEDY ____________________

(Transcript of the Handed Down Judgment of Smith Bernal WordWave Limited 190 Fleet Street, London EC4A 2AG Tel No: 020 7421 4040 Fax No: 020 7831 8838 Official Shorthand Writers to the Court)

Manjit S Gill QC and Basharat Ali (Solicitor Advocate) (instructed by Aman Solicitors Advocate) for the Appellant Elisabeth Laing (instructed by the Treasury Solicitors) for the Secretary of State ____________________

Lord Justice Brooke: This is the judgment of the court, to which Sir Paul Kennedy has made a major contribution.

The final sentence of the third ground of appeal does not seem to us to be of much assistance. We have no difficulty in accepting that returning Afghans with no well founded fear of persecution to Kabul cannot "in itself" be a breach of Article 3. The adjudicator did not suggest otherwise. He only found that it would be a breach to return this family at this time having regard to the conditions which he understood to prevail in Kabul and in Afghanistan.