In the High Court of Justice- Queen’s Bench Division-Administrative Court- 11/06/2014
The Claimants in these cases have all made asylum claims in the United Kingdom. They have previously made claims in Italy, or (in 2 cases) have been in Italy, and resist their return to Italy under the Dublin Regulation. They argue that they should have an in-country right of appeal against removal to Italy, because removal to Italy will expose them to a real risk that the rights conferred on them by article 3 of the European Convention on Human Rights ("the ECHR") will be breached. Their claims that they will be exposed to such risks are arguable, they say, which means that the Defendant should not have certified them as 'clearly unfounded'. Those certificates should, therefore, be quashed.
Mrs Justice Elisabeth Laing held that; “I have no hesitation in concluding that on the basis of the material very recently considered by the Secretary of State, which is the material which I have considered, these claims would be bound to fail in the FTT. The Secretary of State lawfully certified these claims. I dismiss these applications for judicial review.”