A/HRC/16/53/Add.1
or freedom would be threatened on account of his race, religion, nationality, membership of
a particular social group or political opinion.”
(b)
Response from the Government dated 14 April 2010
402. In its letter dated 14 April 2010, the Government of the United Kingdom of Great
Britain and Northern Ireland responded to the urgent appeal of 19 March 2010 seeking
clarification of the case concerning Mr. A.
403. The Government indicated that Mr. A. sought judicial review of the decision to
remove him from the United Kingdom, claiming breaches of Article 3 and 8 of the
European Convention of Human Rights as well as the Refugee Convention. The
Government stated that Mr. A., in the course of the application, had an opportunity to set
out his reasons for challenging the decision before an independent judge of the High Court,
with the benefit of legal representation.
404. The Government indicated that this issue of his conversion to Christianity had
already been substantively considered, and rejected, in his Asylum and Immigration
Tribunal in January 2009.
405. The Government indicated that the judge refused the judicial review claim on paper
on 17 February 2010, ordering that the claim was unarguable, lacked any merit and that
removal action could take place even if Mr. A. wished to take further court proceedings.
The Government stated that Mr. A., through his representatives, renewed his application on
1 March 2010 but in light of the observations from the court it was not deemed to be a
barrier to removal. The Government indicated that it was open to Mr. A. to apply to the
court for an injunction to prevent removal action from being taken.
406. The Government informed that consequently the Claimant was removed from the
United Kingdom of Great Britain and Northern Ireland on 21 March 2010.
(c)
Observations by the Special Rapporteur
407. The Special Rapporteur is grateful that the Government of the United Kingdom of
Great Britain and Northern Ireland replied by letter of 14 April 2010. He would like to refer
to his predecessor’s country report (A/HRC/7/10/Add.3, para. 79), in which the Special
Rapporteur issued the following recommendations with regard to refugees and asylumseekers: “The Special Rapporteur was informed that asylum claims in the United Kingdom,
including those based on well-founded fear of religious persecution, are subject to rigid
scrutiny and that few applications are successful in the initial decision or in the appeal
procedure. Since there is no official data available on how many asylum-seekers sought
asylum in the United Kingdom on grounds of religious persecution, further research and
aggregated data collection may be useful in order to analyse the issues involved with regard
to freedom of religion or belief. Such research by the Government, civil society or
academia may also deal with the situation of individuals converting after their departure
from their country of origin and their refugee sur place claims. The Special Rapporteur
would like to reiterate that a post-departure conversion should not give rise to a
presumption that the claim is fabricated and the immigration authorities should evaluate the
genuineness of the conversion on a case-by-case basis taking into account the applicant’s
past and present circumstances.”
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