AM, (A Child), Regina (on The Application of) v Secretary of State for The Home Department (Dublin – Unaccompanied Children – Procedural Safeguards): UTIAC 5 Jun 2017

Dublin Regulation is Statement of EU law

(i) Regulation 604/13/EU (the Dublin Regulation) occupies the field to which it applies and operates as a measure of supreme EU law therein.
(ii) It is not open to the Secretary of State to unilaterally and selectively disapply certain provisions of the Dublin Regulation and its sister implementing Commission Regulation as this is contrary to EU law.
(iii) The dilution and disapplication of the procedural fairness and kindred protections enshrined in the Dublin Regulation, the implementing Regulation, Article 8 ECHR and the common law are not justified on the grounds of expedition and humanitarian challenge.
(iv) Any remedial order in this type of case should take into account the best interests of the child concerned and the need to accommodate child safeguarding checks and processes.

[2017] UKUT 262 (IAC)
Bailii
England and Wales

Immigration, European

Updated: 01 November 2021; Ref: scu.588810