TCHR Success in Rule 39 Application to European Court of Human Rights
SS is a 23 year old Afghan man who has been in the UK for 7 years. He won his first asylum appeal only to find that the Home Office appealed, and the Tribunal decided he would nolonger be of interest to General Dostum ( even now described as one of Afghanistan’s most powerful warlords ) and in any event could not relocate to Kabul. A recent expert report said he was at significant risk anywhere in Afghanistan.
He lost his High Court Judicial Review ( currently on appeal to the Court of Appeal ) The Court of Appeal refused to stay his reactivated removal directions for 30/03/2010. A parallel rule 39 application by TCHR resulted in an order from the European Court of Human Rights ( section President ) directing that the UK government should not remove SS to Afghanistan until further notice. This was a couple of hours before the flight. He has now been released to represent his case.