Prague Airport Wiki

June 30, 2025
Prague Airport

Legal

Decided
Citation(s)
Situation record
Prior action(s)
Legal membership
Judge(s) sitting	Lord Bingham of Cornhill, Lord Steyn, Lord Hope of Craighead, Baroness Hale of Richmond and Lord Carswell
Keywords
Direct discrimination, immigration

[2004] UKHL 55 is an UK asylum instance concerning Article 33 associated with the Convention Relating to the reputation of Refugees.

Romas had been 400 times more likely than the others become rejected entry towards UK under a policy of Brit immigration officials to "pre-clear" people boarding flights within Immigration procedures. If officers concluded that the individuals would claim asylum once they appeared, they would be refused entry. The ERRC introduced this step, alleging direct discrimination, with respect to a group of asylum-seekers. Roma sustain discrimination in the home, particularly many attacks by skinheads. The claimants, represented by Lester QC, stated the Government, represented by Greenwood QC, was breaching its worldwide obligations.

The Court of Appeal distanced it self from the "but also for" test by many, holding that there was no discrimination. Laws LJ, dissenting, said it was an "inescapable" summary that this was stereotyping of Roma.

Judgment[edit]

The home of Lords held the system was inherently and systematically discriminatory, contrary to RRA 1976 s 1(1)(a). Roma had been intentionally intensively questioned because the officials knew that almost all Czech asylum seekers had been Roma. So, using, these were addressed less favourably on racial reasons, as opposed to domestic and intercontinental law. Lord Steyn said the next.

there is certainly in-law just one concern: the reason why performed the immigration officers treat Roma less favourably than non-Roma? In my view really the only realistic answer is that they did so because individuals worried had been Roma. They discriminated due to battle. The motive for these types of discrimination is unimportant.

Baroness Hale in addition said your "object associated with the legislation is always to make sure that each individual is treated as a person rather than believed to-be like other people in the group." The legislation "makes no reference after all to reason concerning direct discrimination. Nor, purely, does it enable indirect discrimination becoming warranted. It takes that a requirement or problem are justified independently of their discriminatory result."

The charm, but were unsuccessful in that there was clearly no international law that needed the Roma become allowed into the country before they applied for asylum.

Lord Bingham, Lord Hope and Lord Carswell offered concurring judgments.

Source: en.wikipedia.org