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

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 arguments must be rejected. While naturally the Dublin Convention has regard to the need for those seeking asylum to know their fate as soon as is reasonably possible, it is concerned with the allocation of responsibility for considering claims and caring for refugees. .. . 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. That will only be if there is nothing else to show how the Government will act and no statement of policy. Here the respondent has quite clearly indicated that he intends to make use of his powers under s. 2 of the 1996 Act and to apply the Dublin Convention accordingly. In any event, I cannot accept that an individual can have any rights or expectations under the Dublin Convention since it is concerned not to confer benefits on the individual but to ascertain which state should be responsible for dealing with his claim. It may confer benefits on him indirectly in as much as he will not be passed from one state to another and back again and thus ascertaining that responsibility will take less time than if there was no Dublin Convention.’
[2000] EWHC Admin 356
Bailii
Citing:
CitedRegina v Secretary of State for Home Department ex parte Mohammed Hussain Ahmed and Idris Ibrahim Patel Admn 27-Apr-1998
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 by:
CitedRegina (Lika) v Secretary of State for the Home Department CA 16-Dec-2002
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 . .
CitedRegina (On the Application of Bajram Zeqiri) v Secretary of State for The Home Department CA 12-Mar-2001
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 . .

These lists may be incomplete.
Updated: 27 December 2020; Ref: scu.140171