UTIAC (1) An out of country appeal may be made to the First-tier Tribunal by a person who has been removed to an EU member State pursuant to the Dublin Regulation (Council Regulation 343/2003/EEC). However, paragraph 6 of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 precludes the appellant from … Continue reading VT (Dublin Regulation: Post-Removal Appeal) Sri Lanka: UTIAC 10 Sep 2012
Judges: Beatson J Citations: [2012] EWHC 3004 (Admin) Links: Bailii Statutes: Council Regulation 343/2003 Jurisdiction: England and Wales Immigration Updated: 06 November 2022; Ref: scu.465464
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
ECJ Opinion – Common European Asylum System – Procedures for its judicial enforcement – Council Regulation No 343/2003 – Determination of the Member State responsible for the examination of an asylum application presented by a third country national – Article 3(2) – Rights of asylum seekers – Exceptional situations as defined in Joined Cases C-411/10 … Continue reading Bundesrepublik Deutschland v Kaveh Puid: ECJ 18 Apr 2013
Callenge to the defendant’s decision to remove the claimant to Cyprus under the provisions of Council Regulation (EC) 343/2003 (‘Dublin II’). Judges: CMG Ockleton P UT Citations: [2013] EWHC 876 (Admin) Links: Bailii Immigration Updated: 17 November 2022; Ref: scu.472684
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
Citations: [2008] EWHC 437 (Admin) Links: Bailii Statutes: Council Regulation (EC) No343/2003 Jurisdiction: England and Wales Immigration, European Updated: 16 August 2022; Ref: scu.266122
The Dublin II Regulation did not absolve the United Kingdom from responsibility to ensure that a decision to expel an asylum seeker to another Member State did not expose him, at one remove, to treatment contrary to article 3 of the Convention. ‘In the present case, the applicant is threatened with removal to Germany, where … Continue reading TI v United Kingdom: ECHR 7 Mar 2000
The claimants, in the US awaiting execution for murders, challenged the permitting by the defendant for export of the chemical Sodium Thipental which would be used for their execution. The respondent said that its use in general anaesthesia practice meant that it was not subject to control. The claimants said that the export was a … Continue reading Zagorski and Baze, Regina (on The Application of) v Secretary of State for Business, Innovation and Skills and Others: Admn 29 Nov 2010
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
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
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
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
The court was asked whether an unaccompanied minor not having a relevant family member legally present in any European Union Member State, comes to the United Kingdom and claims asylum having previously claimed asylum in another Member State, was . .
