Racheed v Secretary of State for the Home Department

Immigration – Asylum – Human rights – Removal from UK to Bulgaria – Inhuman or degrading treatment. Court of Session: Allowing a reclaiming motion in judicial review proceedings in which a Syrian asylum seeker challenged the Home Secretary's certification that his claim that returning him to Bulgaria would breach his right not to be subjected to inhuman or degrading treatment was clearly unfounded, the court concluded that the Lord Ordinary had erred in refusing the petition and holding that there was insufficient evidence from which a First-tier Tribunal would be entitled to conclude that if the petitioner were returned to Bulgaria there were substantial grounds for believing that there was a real risk that the conditions there would amount to a violation of his rights under art 3 of the European Convention on Human Rights: on the basis of the information before the Lord Ordinary there was information sufficient at least to raise a case to be tried as to whether the enforced return of the petitioner to Bulgaria would violate his art 3 rights, and the court was not persuaded that he must necessarily fail.

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