The applicant was an ethnic Albanian, whose application for asylum had been rejected on the ground that he had passed through Germany. The Dublin Convention did not create rights enforceable by individuals, its purpose is to produce a system which will benefit asylum seekers generally. It does so by governing the responsibilities of the member states. It could not create a legitimate expectation.
References: [2002] EWCA Civ 1855, [2002] All ER (D) 230
Links: Bailii
Judges: Mr Justice Lawrence Collins, Lord Justice Latham
Statutes: Asylum and Immigration Act 1996 292)
Jurisdiction: England and Wales
This case cites:
- Cited – Regina v Secretary of State for Home Department ex parte Shefki Gashi and Secretary of State for Home Department ex parte Artan Gjoka Admn 15-Jun-2000 (, [2000] EWHC Admin 356)
When dealing with the argument that there had been delay in dealing with the applications which amounted to a breach of the requirement of the Dublin Convention that the application should be dealt with expeditiously: ‘I have no doubt that these . . - Cited – Regina (On the Application of Bajram Zeqiri) v Secretary of State for The Home Department CA 12-Mar-2001 (Times 16-Mar-01, , [2001] EWCA Civ 342, [2002] Imm AR 296)
The applicant’s case had been delayed to allow a test case as to whether Germany was to be treated as a safe country for the return of asylum seekers. Before the test case appeal was abandoned, circumstances changed so as to allow certification of . . - Cited – Regina v Secretary of State for Home Department ex parte Mohammed Hussain Ahmed and Idris Ibrahim Patel Admn 27-Apr-1998 (, [1998] EWHC Admin 453, [1998] INLR 570)
The ratification by the government of a Treaty may create a legitimate expectation that its terms will be applied in dealing with an individual affected by it. (Woolf) ‘I will accept that the entering into a treaty by the Secretary of State could . . - Cited – Regina v Secretary of State For The Home Department, Ex Parte Launder HL 13-Mar-1997 (Gazette 18-Jun-97, Times 26-May-97, , , [1997] 1 WLR 839, [1997] UKHL 20, [1997] 3 All ER 992)
The question arose as to whether or not the decision of the Secretary of State to extradite the applicant to Hong Kong would have amounted to a breach of the European Convention on Human Rights. Although the Convention was not at that time in force . .
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Last Update: 22 September 2020; Ref: scu.178441
