In order to deliver a personalised, responsive service and to improve the site, we remember and store information about how you use it. This is done using simple text files called cookies which sit on your computer. By continuing to use this site and access its features, you are consenting to our use of cookies.
To find out more about the way Informa Law uses cookies please go to our Cookie Policy page. Close

Court of Appeal clarifies Dublin regime

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.

The rest of this document is only available to online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?


Request a trial Find out more