In Atkinson v Secretary of State for the Home Department, the Court of Appeal quashed a certificate issued by the Home Secretary. The certificate had been to the effect that MR Atkinson’s claim to asylum (and under Article 3 of the ECHR) was manifestly unfounded. The Court reviewed the evidence as to the “sufficiency of protection” in Jamaica, in particular from the activities of criminal “dons”, and disagreed. As well as being of general importance in relation to claims from Jamaica, the case provides guidance on the relevance of a states inability (as opposed to unwillingness) to provide protection.
Richard Drabble QC appeared for Mr Atkinson.