UTIAC Calais; Dublin Regulation – Investigative Duty – (IJR) (i) In making a decision whether to accept a ‘take charge’ request under the Dublin Regulation, the Secretary of State is obliged to take all material considerations into account and to comply with the ‘Tameside’ duty of enquiry.
(ii) The Dublin Regulation and its sister instrument, Commission Regulation (EC) 1550/2003, subject the Secretary of State to duties of enquiry, investigation and evidence gathering. The discharge of these duties will be factually and contextually sensitive and is governed by the principle that the Secretary of State is obliged to take reasonable steps.
(iii) In a context where there are successive ‘take charge’ requests and successive decisions in response thereto, the aforementioned duties apply throughout.
(iv) The aforementioned duties may also arise via the procedural dimension of Article 8 ECHR, under Section 6 of the Human Rights Act 1998.
(v) The principles rehearsed above may give rise to a remedy comprising a mandatory order requiring the Secretary of State to take all reasonable steps and use her best endeavours in certain specified respects.
[2016] UKUT 231 (IAC)
Bailii, Bailii
England and Wales
Immigration
Updated: 17 January 2022; Ref: scu.565388