AR (Iran), R (On the Application Of) v Secretary of State for the Home Department [2013] EWCA Civ 778 (28 June 2013)

AR (Iran), R (On the Application Of) v Secretary of State for the Home Department [2013] EWCA Civ 778 (28 June 2013)

Dublin II governs the allocation of responsibility for asylum claims between member states and does not create individual rights for asylum seekers. The Procedures Directive does not apply where Dublin II applies. The UK and Belgium followed the correct Dublin II procedure, and Belgium accepted responsibility. There was no procedural error or duty on the Secretary of State to assist the appellant in producing evidence. The appeal is dismissed.

Citation
[2013] EWCA Civ 778
Parties
Claimant/appellant: AR (Iran); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
28 June 2013
Procedural Posture
Judicial Review (administrative Court, Appeal to Court of Appeal) / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Asylum Procedure, Dublin II Regulation, Procedures Directive, Allocation of Responsibility for Asylum Claims, Individual Rights Under EU Law
Immigration Law European Union Law Administrative Law Asylum Procedure Dublin II Regulation Procedures Directive Allocation of Responsibility for Asylum Claims Individual Rights Under EU Law

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Parties

AR (Iran)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (administrative Court, Appeal to Court of Appeal) / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the UK was obliged to examine the appellant's asylum claim under Article 6.2 of the Procedures Directive or whether Dublin II applied
  2. 2 Whether the Secretary of State's decision to transfer the appellant to Belgium was vitiated by procedural errors or a failure to assist the appellant in producing evidence
  3. 3 Whether Dublin II creates individual rights for asylum seekers

Ratio Decidendi

Dublin II governs the allocation of responsibility for asylum claims between member states and does not create individual rights for asylum seekers. The Procedures Directive does not apply where Dublin II applies. The UK and Belgium followed the correct Dublin II procedure, and Belgium accepted responsibility. There was no procedural error or duty on the Secretary of State to assist the appellant in producing evidence. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No reference to the CJEU will be made.
  • The way is clear for the removal of AR to Belgium for substantive consideration of his asylum claim.