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29 MAY 2013

R (on the application of Ehmed) v Secretary of State for the Home Department [2013] EWHC 876 (Admin); (2013) PLLR 056

Immigration - Dublin II - Removal - Supreme Court

Until the Court of Appeal determined the legality of staying a case pending the resolution of EM (Eritrea) v SSHD [2012] EWCA Civ 1336, the Court would stay this claim that removing the Claimant to Cyprus breached the terms of the Refugee Convention.

18 April 2013

Administrative Court

CMG Ockleton

(1)        The Claimant (a Syrian national) arrived in the UK on 13 April 2012 whereupon he claimed asylum. In his screening interview, it emerged that the Claimant had previously been refused asylum in 2009. The Claimant sought review of the Defendant's decision to remove him to Cyprus pursuant to the Dublin II Regulations ((EC) 343/2003).

(2)        The Claimant submitted that his asylum claim should be considered in the UK as he had been refouled from Cyprus to Syria in 2009. The Claimant alleges that refoulement had been in breach of the Refugee Convention. He also alleged that he had suffered ill-treatment whilst he had been held in Cyprus.

(3)        HELD: The Defendant remained under an obligation to ensure that the Claimant was not removed in any way that would breach his human rights. It was not an irrebuttable presumption that removal would take place in accordance with Dublin II.

(4)        It was not possible to proceed with this application until the judgment of the Supreme Court in the case of EM (Eritrea) v SSHD [2012] EWCA Civ 1336 was known. That case concerned the lawfulness of returning individuals to Italy under the Dublin II Regulations. In the similar case of R (FJ (Iran)) v SSHD C4/2012/3361 an appeal was being pursued against a stay imposed pending the resolution of the EM case.

(5)        The Court thus stayed this Claimant's case pending the outcome of FM's challenge to the stay of action.


Key paragraphs

[12] - Obliged not breach human rights.

[14] - Not irrebuttable presumption.

[20] - Stay pending FJ.

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