Scottish Human Rights Law Group

R (K (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115

March 12, 2010 | No Comments

The appellant claimed damages arising from the delay in the processing his asylum application. He submitted that the delay caused two types of damage: first, it aggravated his existing psychiatric condition; secondly, he lost the opportunity of presenting his case during a period (a “window of lucidity”), when, it is said, his mental condition was such that he could still have supported it by coherent evidence.

The court held that EU Directive 2004/83, which recognised for the right to asylum as part of EU law did not alter the jurisprudence of the European Court of Human Rights that asylum decisions did not fall within the European Convention on Human Rights 1950 art.6(1), and that a non-citizen had no right under Convention law to claim for damages for the delay in processing his asylum application.

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.

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