Question
Ms Ghulsah applied for asylum in the UK claiming persecution in her own country in Asia on the grounds of belonging to a particular social
Ms Ghulsah applied for asylum in the UK claiming persecution in her own country in Asia on the grounds of belonging to a particular social group as a ground for claiming asylum under the Refugee Convention 1951. She spent some time in Italy before reaching the UK. Prior to entering Italy Ms Ghulsah was a nurse that worked in the main hospital in her country of origin whose regime was branded "terrorist" by few powerful members of the United Nations Security Council and accused of committing war crimes during a continuing civil war that is taking place in the country. She entered the UK clandestinely (concealed in a lorry) and was immediately detained in a detention centre while her application was being considered. The applicant also bases her asylum application on Article 18 of the Charter of Fundamental Rights in the EU; Article 14 Universal Declaration of Human Rights; and Rule 334 of the UK Immigration Rules, all of which determine that an asylum seeker has the right to enjoy asylum. Additionally, the applicant claims Articles 3 and 8 ECHR would be violated if she is returned to Italy. Finally, she argues that Article 5 ECHR was violated by her detention. The Secretary of State granted temporary refugee permission arguing that Ms Ghulsah did not arrive to the UK directly from a country in which her life and freedom would be threatened.
Ms Ghulsah appealed against this decision to a Tribunal, which confirmed the SS's decision and then she applied to the Court of Appeal for judicial review. The application was dismissed and now the case is to be heard by the UK Supreme Court.
advise Ms Ghulsah on her overall legal position and possible lines of argument against the decision to grant a temporary refugee permission and related human rights claims. Also, explain the applicability of the stated articles from the Immigration Rules; Charter of Fundamental Rights in the EU and the ECHR in her application.
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