The claimants had applied for asylum, but had arrived from other EU countries. Their claims being dismissed, they were detained pending removal. They said that on return to Bulgaria, they would face harsh treatment.
 EWCA Civ 1871
European Convention on Human Rights 3, EU Charter of Fundamental Rights, Asylum and Immigration (Treatment of Claimants etc) Act 2004
England and Wales
Appeal from – SS, Regina (on The Application of) v Secretary of State for The Home Department and Another Admn 26-May-2017
The claimant sought asylum, claiming to be a child.
Held: He was not a child when detained. However, he had been detained to secure his transfer to the responsible member state under the Dublin III scheme; that it had to be established that he . .
Cited – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
These lists may be incomplete.
Updated: 12 March 2021; Ref: scu.599608