Litigation Letter

Court of Appeal clarifies Dublin regime

NA (Sudan) v Secretary of State for the Home Department; MR (IRAN) v Secretary of State for the Home Department [2016] EWCA Civ 1060, 1 November 2016

N and M had both claimed asylum upon arriving in the UK via Italy, and both were suffering serious mental health problems. They appealed against certifications by the Secretary of State that their asylum claims were clearly unfounded on the basis of the Dublin regime (ie asylum seekers must claim asylum in the member state in which they first arrived), which justified their removal from the UK under the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 without a right of appeal. Both N and M argued that there was a serious risk in Italy of their enforced return, constituting a violation of their rights under art 3 of the ECHR, but this was rejected by the trial judge.

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