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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> ERA, R (On the Application Of) v Basildon And Thurrock Hospitals NHS Foundation Trust (Rev 1)  EWHC 1249 (Admin) (16 May 2019)
Cite as:  EWHC 1249 (Admin)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
|The Queen on the application of ERA||Claimant|
|Basildon And Thurrock Hospitals NHS Foundation Trust||First Defendant|
|Southend University Hospitals NHS Foundation Trust
|| Second Defendant
|Secretary of State for Health and Social Care||Intervenor
David Lawson (instructed by Bevan Brittan) for the First Defendant
and by Browne Jacobson for the Second Defendant.
Joseph Barrett (instructed by Government Legal Department for the Intervenor
Hearing date: 14th May 2019
Crown Copyright ©
The Honourable Mr Justice Kerr:
Issues, Reasoning and Conclusions
327. Under the Rules an asylum applicant is a person who either;
(a) makes a request to be recognised as a refugee under the Refugee Convention on the basis that it would be contrary to the United Kingdom's obligations under the Refugee Convention for them to be removed from or required to leave the United Kingdom, or
(b) otherwise makes a request for international protection. "Application for asylum" shall be construed accordingly.
"when a person is outside their own country and unable to return home because they would be at risk there, and their country is unable or unwilling to protect them."