Our Sonali Naik QC and Greg Ó Ceallaigh of Garden Court Chambers represented the Appellant, instructed by Hannah Baynes of Duncan Lewis.
The Court of Appeal found the client is entitled to damages under the Human Rights Act and under EU law for his unlawful removal from the UK to Germany as a child, separating him from his only family member in Europe for 18 months, until his return by order of the Court.
The Upper Tribunal found that a declaration was sufficient.
The Court of Appeal found that the Appellant was entitled to damages for just satisfaction for the breach of article 8 ECHR and the breach of EU law was sufficiently serious to require an award of damages.
The Appellant is an Afghan asylum-seeker who has been waiting years for a decision on his claim.