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SA and Aa, Regina (on The Application of) v Secretary of State for The Home Department (Dublin – Article 8 ECHR – Interim Relief) (IJR): UTIAC 12 Oct 2016

UTIAC (i) By virtue of the decision of the Court of Appeal in ZAT and Others the duty to admit a person to the United Kingdom under Article 8 ECHR without adherence to the initial procedural requirements of the Dublin Regulation requires an especially compelling case.
(ii) The question of whether the best interests of a child will be promoted by delay is an intensely fact sensitive one.
(iii) The grant of interim relief can be formulated in such a way as to respect the role and responsibilities of the relevant authorities of a foreign state.
(iv) Protection of the best interests of a child should not be outweighed by considerations of judicial comity.

Citations:

[2016] UKUT 507 (IAC)

Links:

Bailii

Jurisdiction:

England and Wales

Immigration, Human Rights

Updated: 29 January 2022; Ref: scu.573723

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