All Articles: Dublin
Supreme Court finds detention of asylum seekers unlawful
The Supreme Court has confirmed in the case of Hemmati v Secretary of State for the Home Department [2019] UKSC 56 that the detention of asylum seekers for their removal to other EU states under the Dublin Regulation was unlawful between 1 January 201 ...
27th November 2019Greece is not safe for asylum seekers and refugees to be sent back to
In 2011, the landmark case of MSS v Belgium and Greece concluded that conditions in Greece were so dire, asylum seekers’ human rights would be breached if returned. Removals to Greece under the Dublin III Regulation were suspended as a result. ...
18th April 2019Asylum seekers must not be sent back to Italy if they face “extreme material poverty”
The Court of Justice of the European Union has today handed down judgment in the case of C-163/17 Jawo. The court held that asylum seekers cannot be sent back even to a fellow EU member state if they are at substantial risk of inhuman or degrading tre ...
19th March 2019Dublin III detention regulations comply with EU law
The Court of Appeal has ruled that the regulations on the detention of asylum seekers subject to the Dublin III removal procedure comply with EU law. Background: detaining migrants before return to another EU country The International Protection (Dete ...
7th March 2019Court can consider new evidence in challenges to “clearly unfounded” certificates
In Mohammad Racheed v Secretary of State for the Home Department [2019] CSIH 8, the Inner House of the Court of Session held that a judicial review challenge to the certification of a human rights claim to remain in the UK as “clearly unfounded” c ...
25th February 2019Dublin III family reunion for refugees who have become British citizens
In a newly reported judgment the Upper Tribunal has quashed the Secretary of State’s decision to refuse a request from the Greek government to take charge of the asylum claims of a mother and her three children so they could reunite with the father, ...
21st February 2019Sweeping new immigration regulations herald the end of free movement
The government has published two draft sets of changes to UK immigration law to cater for the UK’s exit from the European Union. They include ending the “Dublin III” system under which asylum seekers are sent back to Calais and elsew ...
13th February 2019Are refugees obliged to claim asylum in the first safe country they reach?
There has been considerable fuss made in the last week about a handful of refugees crossing the English Channel to claim asylum here in the UK. Here I’m going to look at the numbers, the wider context, what we know about refugee decision making ...
2nd January 2019Split Court of Appeal finds that asylum seekers were unlawfully detained
Thousands of people may have been unlawfully held in immigration removal centres in recent years, the court of appeal has ruled. This opening sentence from a Guardian article the other day refers to the case of R (Hemmati & Ors) v Secretary of St ...
8th October 2018Stateless refugee family win right to have claims decided in UK
The UK authorities do not emerge with much humanitarian credit from this newly reported tribunal case. For years the government has strenuously resisted the obviously meritorious and compassionate request by a stateless refugee family to be reunited. ...
18th September 2018Italy responsible for the asylum claim of man extradited to the Netherlands
The Court of Justice of the European Union has taken a strict approach to time limits on take back requests imposed by the Dublin III Regulation. In case C‑213/17 X v Staatssecretaris van Veiligheid en Justitie, the court ruled that Italy had respon ...
16th July 2018Jumping the gun in Dublin III cases
Today the Court of Justice of the European Union handed down a decision in the case of C-647/16 Adil Hassan v Prefet du Pas-de-Calais concerning the Dublin III Regulation. The press summary is here. Practitioners will be well aware how intricate and ...
31st May 2018Court of Justice clarifies Dublin III transfer procedure
When an asylum seeker returns to an EU member state they’ve previously been transferred from under the Dublin III regulation, how should their application for international protection be processed? The Court of Justice of the European Union in C-160 ...
30th January 2018Unaccompanied children and Dublin III: the latest instalment
In R (RSM (A Child)) v Secretary of State for the Home Department [2018] EWCA Civ 18 the Court of Appeal considered the ambit of Article 17 of the Dublin III regulation, the so-called “discretionary clause”, and found it to be narrow indeed. The c ...
26th January 2018What does the new UK-France Sandhurst Treaty say and is it Brexit proof?
The UK and France have agreed a new Sandhurst Treaty on the management of their shared border. We’ve heard the spin from Macron and May, but what has actually been agreed and will it have a life after Brexit? Given how central the issue of asylu ...
19th January 2018Host state handles the asylum claim if Dublin III transfer takes too long
Majid Shiri, an Iranian national, arrived in Austria through Bulgaria in 2015. He made an asylum claim in Bulgaria in February of that year but claimed asylum in Austria the following month. The Austrian authorities asked Bulgaria to take Mr Shiri bac ...
1st November 2017Can a person granted subsidiary protection be transferred under Dublin III?
Case C-36/17: Daher Muse Ahmed v Bundesrepublik Deutschland The EU does not want asylum seekers to ‘shop around’ its Member States. To this end, various Regulations exist to prevent someone who has already claimed asylum in one Member State from s ...
1st June 2017Detention of Dublin asylum seekers held to be unlawful
Al Chodor and Others (C-528/15) In a highly significant judgment the CJEU has shown, in effect, that the Home Office has unlawfully detained hundreds or even thousands of individuals seeking international protection. The background facts The Al C ...
23rd March 2017Court of Appeal gives go-ahead for Dublin returns to Italy
If the case of Tarakhel was considered another body blow to the Dublin system, the recent Court of Appeal case of NA (Sudan) v The Secretary of State for the Home Department [2016] EWCA Civ 1060 has picked up the Dublin system up off the ropes for ano ...
3rd January 2017Judgment in the Calais children case
Full judgment is available here: R (on the application of ZAT and Others) v Secretary of State for the Home Department (Article 8 ECHR – Dublin Regulation – interface – proportionality) IJR [2016] UKUT 61 (IAC). The applicant child ...
29th January 2016Dublin Regulation to be scrapped?
Several news outlets are reporting this morning that the Dublin III Regulation is likely to be scrapped by the Commission in March. It may be that Peter Sutherland, the UN Special Representative on Migration, was right when he said last year that the ...
20th January 2016Germany suspends Dublin III transfers for Syrians
Germany has taken the extremely welcome step of suspending the transfer of Syrian asylum seekers under the Dublin III Regulation. As long ago as November 2013 UNHCR called for countries not to return Syrian nationals to their first point of entry in t ...
25th August 2015The creaking Dublin system – Hungary pulls the plug
There have been some significant recent developments in the Dublin system, which is the means by which people who enter the United Kingdom and claim asylum are returned to the first EU country they have passed through. A child of five with a map could ...
24th June 2015UKIP plan would increase UK asylum claims
It tickles me that UKIP plan to scrap the EU agreement that permits the UK to return asylum seekers to other EU countries without considering their asylum claim. As it stands, this EU agreement, often referred to as the Dublin Convention or Dublin Reg ...
30th September 2014Italy and Dublin – Tabrizagh again (sigh)
The Court of Appeal yesterday gave judgment in Tabrizagh and others, the application for permission to appeal from the decision of Laing J. The written judgment is not available yet but will be soon [UPDATE: R (On the Application Of Tabrizagh & Or ...
19th September 2014Dublin 3 comes into effect
Largely unnoticed by many, on 1 January 2014 a new legal regime entered force regarding the allocation of responsibility for considering asylum claims from persons who have entered the country from elsewhere in the European Union: Regulation (EU) No ...
16th January 2014Dublin, Italy and the tragedy at Lampedusa
The good name of the greatest city in Ireland, and indeed Europe, has long been sullied by association with the Dublin II Regulation, which followed the original Dublin Convention as the means by which countries unfortunate/fortunate enough to be alon ...
14th October 2013NS v UK: removals under the Dublin II regulation
In the case of NS v UK (C-411/10) (see here for FM’s earlier alerter post), the Court of Justice of the European Union (CJEU) held that the transfer of an asylum-seeker from one EU Member State to another under the Dublin II regulation is no ...
11th January 2012