(i) EU Regulation number 604/2013 (the ‘Dublin Regulation’) and the Human Rights Act 1998, while separate regimes, are not in competition with each other.
(ii) Where the two regimes pull in different directions, full cohesion, or harmonisation, may not be achievable and some accommodation must be found.
(iii) Where an interference with a person’s rights under Article 8 ECHR in consequence upon full adherence to the Dublin Regulation regime is demonstrated, the question to be determined is proportionality.
(iv) In the proportionality balancing exercise, the Dublin Regulation will be a consideration of undeniable potency. Vindication of an Article 8 challenge will require a strong and persuasive case and such cases are likely to be rare.
Citations:
[2016] UKUT 61 (IAC)
Links:
Jurisdiction:
England and Wales
Immigration
Updated: 31 January 2022; Ref: scu.560536