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

Immigration – Refugee. The claimant non-Arab Dafuri sought judicial review of the defendant Secretary of State's decision to remove him to France as a safe third country, without considering his asylum claim. The Administrative Court, in dismissing the application, held that the evidence relied upon on the claimant's behalf had not come close to rebutting the significant evidential presumption that France complied with its international obligations. Accordingly, the Secretary of State had been full entitled to conclude that there was no real risk of the claimant being refouled to Sudan by France in breach of his right to asylum and his right not to be subjected to torture, or inhuman or degrading treatment or punishment.

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