(1) Judicial review is a remedy of sufficient flexibility to comply with Article 27(1) of Regulation 604/2013 (Dublin III).
(2) Since an applicant is allowed to remain while this review is being dealt with, there is a suspension of the 6 months within which transfer must be effected in accordance with Article 27(3) of Dublin III.
(3) There is no obligation on the Secretary of State to exercise the power under Article 17 to deal with a claim and, albeit a refusal to exercise the discretion under Article 17 is judicially reviewable, it would require wholly exceptional circumstances to justify any relief being granted if otherwise there was no bar to transfer.
Citations:
[2017] UKUT 261 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 27 March 2022; Ref: scu.588807