AD v Home Office

Immigration – Asylum seeker. The claimant's application for asylum had been refused, he had been returned to Mongolia and he had served a sentence of imprisonment. He escaped from prison and returned to the United Kingdom and claimed asylum again. He gave evidence regarding the treatment he had sustained while in prison. He was granted asylum. The Queen's Bench Division, during a trial of preliminary issues related to the claimant's application for damages, held that Council Directive (EC) 2004/38 and Council Directive (EC) 2005/85 did confer rights on the individual. Whether the breaches alleged in respect of those rights were such as to be 'sufficiently serious' so as to give rise to a claim for reparation under EU law was not made out at the preliminary hearing. Further, the breaches that were shown were not directly causative of the damage sustained.

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