Upper Tribunal finds arguable Article 3 breach in Bulgarian removal challenge

May 8, 2026 · WOWERI

The Upper Tribunal has handed down judgment in R (FH and Ors) v Secretary of State for the Home Department, a case challenging the certification of asylum claims as inadmissible due to Bulgaria being a safe third country. The decision may have implications for individuals seeking asylum in the UK.

Introduction

The Upper Tribunal of the United Kingdom has handed down a judgment in R (FH and Ors) v Secretary of State for the Home Department, which may have significant implications for individuals seeking asylum in the UK. The case concerns the removal of asylum seekers to Bulgaria as a safe third country.

Background of the case

The case of R (FH and Ors) v Secretary of State for the Home Department was initiated by a group of individuals who were removed to Bulgaria as a safe third country. The claimants argued that removal to Bulgaria would be a breach of Article 3 of the European Convention on Human Rights, which prohibits torture and inhuman or degrading treatment.

Upper Tribunal's decision

The Upper Tribunal ruled that removal to Bulgaria may be a breach of Article 3 of the European Convention on Human Rights. The Tribunal noted that the conditions of detention in Bulgaria may be incompatible with the requirements of Article 3.

Implications of the decision

The Upper Tribunal's decision may have significant implications for individuals seeking asylum in the UK. If removal to Bulgaria is found to be a breach of Article 3, this may lead to a review of the UK's removal policy.

Conclusion

The Upper Tribunal's decision in R (FH and Ors) v Secretary of State for the Home Department is an important development in the field of human rights. Individuals seeking asylum in the UK should be aware of their right to protection from removal to countries where they may face inhuman or degrading treatment.

Source: freemovement.org.uk