R (Ullah) v Special Adjudicator [2004]

Facts

  • In a claim for judicial review of the decision to deport the applicants, the applicants said that their art. 3 ECHR rights had been infringed upon

Issue

  • Could the deportation decision be reversed

Decision

  • No

Reasoning

  • While the court should follow the ECHR unless there are exceptional circumstances, in this case the claim failed on the facts; there was no reason why being tried ‘as an alien’ would invoke art. 3 (degrading treatment)
RELATED CASE  Cheney v Conn [1968]

Posted in Public Law Revision Notes.

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