Pour & Ors v SSHD [2016] EWHC 401 - Judgement Handed Down (4 March 2016)

Judgment was handed down in the lead cases in relation to removals to Cyprus on 2 March 2016, in Pour & Ors v SSHD [2016] EWHC 401. The Claimants challenged return to Cyprus under the Dublin Regulations. Unfortunately Ouseley J dismissed the claims.

Judgement can be found by clicking here.

The general grounds were that:

(i) There was a real risk of refoulement on return given deficiencies in the asylum process and the failure to guarantee the right to asylum. However Ouseley J held that the Claimants would be returning as failed asylum-seekers and the evidence did not establish that their fresh claims would not be admitted nor that this would lead to a real risk of refoulement.

(ii) The certification of their Article 5 ECHR claim as clearly unfounded was irrational. However Ouseley J held that even if the Claimants were detained, detention would not be in flagrant breach of Article 5 as they were failed asylum-seekers who had previously absconded, hence detention would be justified, and they would have access to a remedy.

On a fairly positive note, Ouseley J disagreed with the SSHD’s position that:

(i) A Rule 39 request provided an answer if a real risk of refoulement were established.
(ii) The CJEU judgment in Abdullahi established that it was only a systemic breach of Article 4 CFR that could prevent return.

These two points could help in Dublin challenges generally.

We are considering applying for permission to appeal.

The Claimants are represented by Shalini Patel and Muhammad Harun of Duncan Lewis and instructed Stephen Knafler QC of Garden Court Chambers and Claire Physass of 1 Pump Court Chambers.”