An appeal against a decision to remove a claimant from the UK, following an improvement in the conditions in his country of origin, Sri Lanka, was dismissed, notwithstanding an ECtHR decision that the claimant had been subjected to torture in Sri Lanka.
The delay was unfortunate, but was not so severe as to cross the line between maladministration and illegality. Although the claimant’s case was a ‘legacy’ case, the legacy scheme did not confer additional substantive rights on its cohorts. The fact that some legacy cases were considered before the repeal of r 395C did not result in unfairness towards certain individuals considered after this date.
Hugh Southey QC was involved in this case.