ZN (Afghanistan) & Anor v Secretary of State for the Home Department

SIR BRIAN LEVESON, President of the Queen's Bench Division LORD JUSTICE SINGH and LORD JUSTICE LEGGATT ____________________

Mr Stephen Knafler QC and Mr Raza Halim (instructed by Duncan Lewis) for the First Appellant Mr Stephen Knafler QC and Mr Greg � Ceallaigh (instructed by Duncan Lewis) for the Second Appellant Ms Samantha Broadfoot QC (instructed by the Government Legal Department) for the Respondent Hearing date: 21 February 2018 ____________________

(a) The fact that the grounds on which the claimants had sought to challenge the human rights certifications in their respective appeals had been vindicated before the Supreme Court in R (on the application of EM (Eritrea)) v Secretary of State for the Home Department [2014] UKSC 12 ; [2014] AC 1321 , namely it had determined that removal to Italy posed a real risk of ill-treatment contrary to Article 3 ECHR: see para. 58 in the judgment of Lloyd Jones LJ.

(b) The fact that the Secretary of State's decisions "were clearly withdrawn because of the decision in EM (Eritrea) ": see para. 63.

(c) The fact that, whilst the claimants in this particular case never obtained permission to apply for judicial review, other claims raising the same issues did and those other claims were successful. It was therefore only a matter of timing as to which claims were heard and which were not: see para. 66.