2012 03 Migrants

HK (Afghanistan) and Others (by their Solicitor & Litigation Friend Kamaljit Sandhu) v Secretary of State for the Home Department [2012] EWCA Civ 315 (Pill, Rimer, Elias, LJJ): Although the Upper Tribunal had been entitled to draw an adverse inference from the failure of Afghan minors to seek contact with their families, when concluding that there was a sufficiency of protection available to them and dismissing their claims for protection and for asylum on Refugee Convention and Humanitarian Protection grounds, the Tribunal had nonetheless fallen into error by failing to have regard to the duty of the Secretary of State to have regard to the need to safeguard and promote the welfare of children (Borders, Citizenship and Immigration Act 2009, s 55) and to the Secretary of State’s obligation to trace members of the families of those minors (Asylum Seekers (Reception Conditions) Regulations 2005, reg 6, Directive 2003/9/EC, art 19); both of which could not be separated from the asylum application. Click here for transcript.