Search Results for: Regulation (EC) No 343/2003

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Bushara, Regina (on The Application of) v Secretary of State for Home Department: Admn 16 Nov 2012

The claimant from Sudan originally claimed asylum in Italy but then illegally entered the United Kingdom. The HS sought His removal to Italy under the Dublin II Regulation. He resisted asserting a risk that he would be treated in a way that breached his human rights or the duty owed by Italy to refugees and … Continue reading Bushara, Regina (on The Application of) v Secretary of State for Home Department: Admn 16 Nov 2012

MA and Others v Secretary of State For The Home Department: ECJ 21 Feb 2013

ECJ Regulation (EC) No 343/2003 (Dublin II) – Determining the Member State responsible for examining asylum applications lodged by unaccompanied minors who are third-country nationals – Several applications – Best interests of the minor Judges: Cruz Villalon AG Citations: C-648/11, [2013] EUECJ C-648/11 Links: Bailii Statutes: Regulation (EC) No 343/2003 European, Immigration, Children Updated: 14 … Continue reading MA and Others v Secretary of State For The Home Department: ECJ 21 Feb 2013

Kastrati And Others (Right of Asylum): ECJ 12 Jan 2012

ECJ Right of asylum – Regulation (EC) No 343/2003 – Determination of the Member State responsible for examining an asylum application – Entry by means of a Schengen visa – Lodging of an asylum application in a Member State which did not issue the Schengen visa – Application for a residence permit in the State … Continue reading Kastrati And Others (Right of Asylum): ECJ 12 Jan 2012

Groupe D’Information Et De Soutien Des Immigres (Gisti) v Ministre De L’Interieur: ECJ 27 Sep 2012

ECJ Applications for asylum – Directive 2003/9/EC – Minimum standards for the reception of asylum seekers in the Member States – Regulation (EC) No 343/2003 – Obligation to guarantee asylum seekers minimum reception conditions during the procedure of taking charge or taking back by the responsible Member State – Determining the Member State obliged to … Continue reading Groupe D’Information Et De Soutien Des Immigres (Gisti) v Ministre De L’Interieur: ECJ 27 Sep 2012

NS v Secretary of State For The Home Department: ECJ 22 Sep 2011

ECJ Opinion – (Principles Of Community Law) Regulation (EC) No 343/2003 – Transfer of asylum seekers to the Member State responsible for examining the asylum application – Obligation on the transferring Member State to exercise the right to assume responsibility for the examination itself under Article 3(2) of Regulation No 343/2003 – Compatibility of the … Continue reading NS v Secretary of State For The Home Department: ECJ 22 Sep 2011

Secretary of State for the Home Department v JN: CA 14 May 2008

The Secretary of State appealed against a declaration that paragraph 3(2)(b) of Part 2 of Schedule 3 to the 2004 Act was incompatible with Article 3. The clause was said to restrict the Home Secretary from considering anything beyond the country guidance applicable to the case when deciding whether to order the failed asylum applicant’s … Continue reading Secretary of State for the Home Department v JN: CA 14 May 2008

Kastrati And Others (Right of Asylum): ECJ 3 May 2012

ECJ Dublin system – Regulation (EC) No 343/2003 – Procedure for determining the Member State responsible for examining an asylum application – Third-country nationals in possession of a valid visa issued by the ‘Member State responsible’ within the meaning of Regulation No 343/2003 – Asylum application lodged in a Member State other than the State … Continue reading Kastrati And Others (Right of Asylum): ECJ 3 May 2012

Abdullahi v Bundesasylamt: ECJ 10 Dec 2013

ECJ Request for a preliminary ruling – Common European Asylum System – Regulation (EC) No 343/2003 – Determination of the Member State responsible for examining an asylum application – Review of compliance with the criteria for determining responsibility for examining the asylum application – Scope of judicial review C-394/12, [2013] EUECJ C-394/12 Bailii Regulation (EC) … Continue reading Abdullahi v Bundesasylamt: ECJ 10 Dec 2013

Zuheyr Frayeh Halaf v Darzhavna Agentsia Za Bezhantsite Pri Ministerskia Savet: ECJ 30 May 2013

ECJ Asylum – Regulation (EC) No 343/2003 – Determination of the Member State responsible for examining an application for asylum lodged in one of the Member States by a third-country national – Article 3(2) – Discretion of the Member States – Role of the Office of the United Nations High Commissioner for Refugees – Obligation … Continue reading Zuheyr Frayeh Halaf v Darzhavna Agentsia Za Bezhantsite Pri Ministerskia Savet: ECJ 30 May 2013

Secretary of State for the Home Department v Nasseri: HL 6 May 2009

The applicant had claimed asylum after fleeing Afghanistan to Greece and then to the UK. On the failure of his application, he would be returned to Greece, but objected that he would thence be returned to Afghanistan where his human rights would be infringed. Held: The appeal failed. The judge had erred. When considering a … Continue reading Secretary of State for the Home Department v Nasseri: HL 6 May 2009

NS v Secretary of State for the Home Department etc: ECJ 21 Dec 2011

Prohibition of inhuman or degrading treatment ECJ (Grand Chamber) European Union law – Principles – Fundamental rights – Implementation of European Union law – Prohibition of inhuman or degrading treatment – Common European Asylum System – Regulation (EC) No 343/2003 – Concept of ‘safe countries’ – Transfer of an asylum seeker to the Member State … Continue reading NS v Secretary of State for the Home Department etc: ECJ 21 Dec 2011

EM (Eritrea) and Others v Secretary of State for The Home Department: CA 17 Oct 2012

In each case asylum applicants, after losing their applications, resisted return to Italy, the country of first entry to the EU, saying that they faced inhuman or degrading treatment if returned. Each asserted that they would face destitution owing to inadequate medical care and welfare support in Italy. Held: Their appeals failed. Whilst the court … Continue reading EM (Eritrea) and Others v Secretary of State for The Home Department: CA 17 Oct 2012

AI, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 9 Feb 2015

The claimant’s judicial review challenged the decision of the defendant to remove him to France as a safe third country without considering his asylum claim. France had accepted responsibility for considering his asylum claim under Council Regulation (EC) No. 343/2003. Judges: Gill D Citations: [2015] EWHC 244 (Admin) Links: Bailii Statutes: Council Regulation (EC) No. … Continue reading AI, Regina (on The Application of) v The Secretary of State for The Home Department: Admn 9 Feb 2015

EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Feb 2014

SSHD must examine safety of country for return The Court was asked: ‘Is an asylum seeker or refugee who resists his or her return from the United Kingdom to Italy (the country in which she or he first sought or was granted asylum) required to establish that there are in Italy ‘systemic deficiencies in the … Continue reading EM (Eritrea), Regina (on The Application of) v Secretary of State for The Home Department: SC 19 Feb 2014