Suleyman, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 208 (Admin) (12 February 2016)

In the High Court of Justice - Queen's Bench Division - Administrative Court

This is a renewed application for permission to apply for judicial review. Permission was refused on the papers by Sir Stephen Silber, sitting as a High Court judge.

On 14th May 2015, the Claimant was detected unlawfully entering this country in a lorry which had travelled from France. She had no documentary proof of her identity but gave the name by which she is referred to in this action, and said she had been born in Ethiopia on 7th February 1996. She claimed asylum. She was taken to an Immigration Removal Centre, and on 17th May 2015 she was moved to the Yarlswood IRC, where she remained until 7th September 2015.

The Claimant disclosed that she had previously been in Italy and France. A fingerprint check showed that she had previously claimed asylum in Italy. That was on 16th April 2011. She had then identified herself to the Italian authorities as India Mehammad, born in Ethiopia 7th February 1992. It seems she had lived in Italy for about 4 years before travelling first to France and then, some weeks later, from France to the UK.

The Claimant's application for temporary admission to the UK was refused. The Defendant made a formal request to Italy, pursuant to the Dublin III Regulation, for the Italian authorities to accept responsibility for examining the Claimant's asylum claim. That request was refused on the ground that the Claimant had already been granted international protection in Italy, with a residence permit, until July 2019. Arrangements were therefore put in hand for the Claimant to be transferred to Italy.

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