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Specific assurances not needed for 3rd country removal of families to Italy

Another Dublin / 3rd country removal case. Now that Italy has made general assurances to their EU partners that families will be accommodated together in appropriate conditions that do not breach Article 3, following the judgment in Tarakhel v Switzerland, specific assurance will not need to be made in any individual case.

Ms Chandran submitted that there needed to be specific assurances from the Italian authorities in line with Tarakhel and thus the claimant and her child should not be removed. In my view a specific assurance is unnecessary, indeed unworkable. It would be futile for the Italian authorities to allocate a place to the claimant and her child, given the heavy demands, while this case is ongoing. In accordance with the assurances, a specific facility will be determined where the claimant and her child will be accommodated once there is a confirmed transfer date.

Source: B, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 786 (Admin) (12 April 2016)

Paul Erdunast
Paul Erdunast LLM student at Cambridge University. Formerly a full-time Education and Community Care Paralegal at Just for Kids Law, Intern at Hackney Community Law Centre and Legal Caseworker at the AIRE Centre. GDL graduate from City University. Previously studied Classics at Worcester College, Oxford. Interested in immigration, asylum and refugee law and policy.

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