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Reported Case

Jeyarupan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 386 (Admin) (20 February 2014)

Date: 20/02/2014
Duncan Lewis, Reported Case Solicitors, Jeyarupan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 386 (Admin)

*sm*Immigration Law (Dublin II)- Court of Justice- Queen’s Bench Division- Admin- [2014] EWHC 386*em*

The Claimant seeks to challenge four decisions of the Defendant in relation to the return of the Claimant to Cyprus under the provisions of EU Council Regulation 343/2003 ("Dublin II").

Philip Mott QC held that; “(..)once a decision-maker has applied the criteria under Dublin II and concluded that another Member State is responsible for the substantive examination of the Claimant's asylum claim, and considers that this has fully addressed any human rights or other issues raised by the applicant, it is sufficient simply to say that. It is not necessary, in addition, to consider those issues separately in relation to the possible exercise of the discretion under Article 3(2).”

“Applying this test, I have no hesitation in concluding that the initial decision letter was sufficient to deal with the case then being put forward by the Claimant, and the subsequent letters have more than sufficiently covered the evidence and arguments as they have developed.”

“It follows that this claim fails both on jurisdiction and on the merits.”

Duncan Lewis are looking to appeal this decsion.


Find full details of this case on Bailii’s website here.
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