The applicant, when she first made her claim for asylum said she was born in 1984. Before coming to the UK she had first applied for asylum in Italy. She was detained for removal to Italy. At this point she sought to assert that she had in fact been born in 1988, was therefore a child, was living with her older sister, and that removal would interfere disproportionately with her human right to family life.
Held: The screening process was to have been carried out in Italy. That process fell to be conducted only once, and by reference to the condition applicable at the time of making that application. A later situation of living with her sister could not change that. She had not in Italy asserted her relationship with her sister, and could not now change the basis of her claim.
Judges:
Wilson J
Citations:
Times 15-Dec-2004
Jurisdiction:
England and Wales
Cited by:
Appeal from – Regina (G) v Secretary of State for the Home Department CA 13-Apr-2005
The claimant had first sought asylum saying she was born in 1984. On being refused, she said she was born in 1988 and was only 15 years old, and that her removal and return to Somalia would breach the regulation, and interfere with her right to . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 12 July 2022; Ref: scu.221678