In the High Court of Justice - Queen's Bench Division - The Administrative Court
This is an application for a so-called "generic" stay - in fact, an interim injunction - on all Dublin III Regulation returns to Bulgaria pending judgment in a test case relating to that issue (Khaled v Secretary of State for the Home Department CO/2899/2015). Dublin III (shorthand for Regulation (EU) No 604/2013) is the current legal basis for the principle in the European Union that only one Member State is responsible for examining an asylum application and other Member States may return persons to that Member State for an assessment to occur.
The injunction sought in this case will not benefit the claimant since there is already an order of this Court granting him permission to apply for judicial review and staying his case pending judgment in the test case. Thus, effectively, what is being sought is an injunction to benefit other persons whom the Secretary of State intends to remove to Bulgaria under Dublin III, even if those other person have made no application in this Court or elsewhere in relation to their removal unless they consent to be removed. The issue was not raised in Khaled.
The justification for the application is that apparently there are already at least forty orders of the Court of Appeal or the Upper Tribunal Immigration Asylum Chamber where permission to apply for judicial review of decisions to remove to Bulgaria has been granted. Yet, it is said by Mr Halim, the Secretary of State egregiously continues to remove persons to Bulgaria under Dublin III. He submits that the grant of permission to apply for judicial review in those other cases illustrates that there is clearly a triable issue in such cases and the balance of convenience undoubtedly points in the direction of interim injunctive relief.