Asylum seeker’s human rights

An asylum seeker whose application was initially refused as a result of an administrative error, and was then delayed for no apparent or good reason, was entitled to seek damages under the Human Rights Act 1998, for a depressive order, and for financial loss. The ruling said that in an English court, English law was not binding in deciding a cause of action under the Human Rights Act 1998, because such a claim arose under a separate regime based on the European Convention of Human Rights, and under this, omission or inactivity could form the basis of breach of human rights.