G, R (on the application of) v Secretary of State for the Home Department

G, R (on the application of) v Secretary of State for the Home Department

The appeal was dismissed because any interference with G's family life by removal to Italy would be proportionate and justified under Article 8(2) ECHR, and Article 15 of the Regulation does not confer enforceable rights on G; thus, the Secretary of State's certificate was lawful.

Parties
Claimant/appellant: Queen (on the application of G); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
13 April 2005
Procedural Posture
Judicial Review (immigration/asylum) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Asylum Procedure, Article 8 ECHR (right to Family Life), Council Regulation 343/2003 (dublin Ii), Judicial Review of 'clearly Unfounded' Certificates
Immigration Law Human Rights Law European Union Law Asylum Procedure Article 8 ECHR (right to Family Life) Council Regulation 343/2003 (dublin Ii) Judicial Review of 'clearly Unfounded' Certificates

Case Brief

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Parties

Queen (on the application of G)

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration/asylum) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether removal of G to Italy would breach Article 8 ECHR rights to family life
  2. 2 Whether the Secretary of State's certificate under Section 93 of the Nationality, Immigration & Asylum Act 2002 was lawful
  3. 3 Whether Article 15 of Council Regulation 343/2003 confers individual rights enforceable by G

Ratio Decidendi

The appeal was dismissed because any interference with G's family life by removal to Italy would be proportionate and justified under Article 8(2) ECHR, and Article 15 of the Regulation does not confer enforceable rights on G; thus, the Secretary of State's certificate was lawful.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed