R (on the application of W) v Secretary of State for the Home Department

Immigration – Asylum seeker. The Administrative Court dismissed the claimant Eritrean national's application for judicial review of the defendant Secretary of State's decisions, declining to examine his asylum application, certifying his claim, rejecting his human rights claim and detaining him with a view to removal to Italy. Returning him to Italy would not breach his rights under art 3 of the European Convention on Human Rights, the Secretary of State had not failed to consider exercising her power to decide to determine his asylum claim herself and his detention had not been unlawful.

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