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The human rights of failed asylum seekers in the UK

Research output: Contribution to journalJournal article

Published

Journal publication date2008
JournalPublic Law
Volume2008
Number of pages25
Pages277-301
Original languageEnglish

Abstract

Discusses human rights issues regarding the position of failed asylum seekers. Examines: (1) the passage of the UK Borders Act 2007; (2) the current UK legal framework including as regards the Convention relating to the Status of Refugees 1951 and the support for destitute asylum seekers; (3) the right to freedom from torture, inhuman and degrading treatment under the European Convention on Human Rights 1950 Art.3, and the "direct responsibility" of the state in view of the House of Lords decision in R. (on the application of Limbuela) v Secretary of State for the Home Department; and (4) the distinction between positive and negative obligations under Art.3.