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Reported Case

Ehmed, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 876 (Admin) (18 April 2013)

Date: 18/04/2013
Duncan Lewis, Reported Case Solicitors,  Ehmed, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 876 (Admin)

*sm*Immigration Law – High Court (Administrative Law) – Challenge against Third Country decision to remove to Cyprus – Matter Stayed pending EM (Eritrea)*em*



An application for judicial review challenging the defendant's decision to remove the claimant (national of Syria) to Cyprus under the provisions of Council Regulation (EC) 343/2003 ("Dublin II"). It was held that 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. 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.

 

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