The claimant sought asylum, claiming to be a child.
Held: He was not a child when detained. However, he had been detained to secure his transfer to the responsible member state under the Dublin III scheme; that it had to be established that he posed a significant risk of absconding; and that his detention was unlawful because, even if he posed a significant risk of absconding, his detention was in conflict with articles 28(2) and 2(n).
Judges:
John Howell QC Sitting as a Deputy High Court Judge
Citations:
[2017] EWHC 1295 (Admin), [2017] 1 WLR 3641, [2017] WLR(D) 380
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
At Admn – Hemmati and Others, Regina (on The Application of) v The Secretary of State for The Home Department CA 4-Oct-2018
Conjoined hearing of appeals in respect of three judgments covering the cases of five individual immigrants who were placed in detention for periods pending possible removal to other EU Member States pursuant to the asylum claim arrangements under . .
At Admn – Hemmati and Others, Regina (on The Application of) v Secretary of State for The Home Department SC 27-Nov-2019
The Home Secretary appealed from a finding that illegally entered asylum seekers had been unlawfully detained pending removal. The five claimants had travelled through other EU member states before entering the UK. The court considered inter alia . .
Appeal from – HK (Iraq) and Others, Regina (on The Application of) v The Secretary of State for The Home Department CA 23-Nov-2017
The claimants had applied for asylum, but had arrived from other EU countries. Their claims being dismissed, they were detained pending removal. They said that on return to Bulgaria, they would face harsh treatment. . .
Lists of cited by and citing cases may be incomplete.
Immigration
Updated: 13 September 2022; Ref: scu.588863
