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 asylum seekers on its territory. The claimant’s claims had been certified as unfounded and removal directions issued, which meant that he had no in-country right of appeal. The claimant sought judicial review of that decision.
In assessing risks on a return to a member state, the fact that that state was also bound by the Conventions and Community law applicable here obviated the risk unless there was shown a systemic failure in the receiving state. Without such a failure, the person was adequately protected: his rights were against the receiving government with, if necessary, the possibility of recourse to the European Court of Human Rights from the receiving country.


C M G Ockelton


[2012] EWHC 3483 (Admin), [2013] WLR(D) 16


Bailii, WLRD


Council Regulation (EC) 343/2003


England and Wales

Immigration, European

Updated: 28 January 2022; Ref: scu.467107