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

Immigration – Asylum seeker. The applicants were a father and his school age daughter who had left Iran to seek asylum. They had passed through France on their way to the United Kingdom. The Secretary of State issued removal directions as France had formally accepted responsibility for dealing with their asylum claims. The applicants contended that removal would be a breach of their rights as the daughter would be unable to attend public school as she wore a cover in accordance with her Muslim beliefs. The Secretary of State confirmed her earlier decision. The applicants' claim for judicial review failed. The Court of Appeal, Civil Division, held that removal would not constitute a flagrant violation of the applicants' rights under arts 8 or 9 of the European Convention on Human Rights and they had not rebutted the presumption that France would comply with its Convention obligations. Further, the removal decision had not breached s 55 of the Borders, Citizenship and Immigration Act 2009.

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