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Vilvarajah and Others v. United Kingdom
Published online by Cambridge University Press: 01 January 2021
Abstract
Human rights — Jurisdiction — Torture and inhuman and degrading treatment — Return to non-contracting State — Whether State responsible if it expels individual to State where at risk of being subjected to torture — Existence of risk to be assessed with reference to facts known or which ought to have been known to respondent government at date of expulsion — Minimum level of severity of ill-treatment — Rigorous examination by Court of existence of risk of ill-treatment in view of absolute character of prohibition on torture and ill-treatment — Court’s assessment of conditions in Sri Lanka and of applicants’ background — European Convention on Human Rights, 1950, Article 3
Human rights — Duty to provide remedy in domestic law to enforce Convention rights and freedoms — Whether judicial review proceedings are an effective remedy — Power of English courts to review and quash Secretary of State’s decisions to refuse asylum — European Convention on Human Rights, 1950, Article 3
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- © Cambridge University Press 1998