RSM (A Child), R. (On the Application of v The Secretary of State for the Home Department [2018] EWCA Civ 18 (18 January 2018)

RSM (A Child), R. (On the Application of v The Secretary of State for the Home Department [2018] EWCA Civ 18 (18 January 2018)

Article 17.1 of Dublin III does not require the Secretary of State to proactively exercise discretion to admit an unaccompanied child asylum seeker before a take charge request is made by the responsible member state; the discretion only arises when an asylum claim is lodged in the UK, which requires physical presence; ministerial statements and government policy do not impose binding obligations overriding the Regulation; Article 8 ECHR does not mandate bypassing Dublin III except in exceptionally compelling cases.

Citation
[2018] EWCA Civ 18
Parties
Claimant/respondent: RSM, a child by his Litigation Friend ZAM; Claimant/respondent: ZAM; Defendant/appellant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
18 January 2018
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Dublin III Regulation, Family Reunification, Unaccompanied Minors, Article 17 Discretion, Article 8 ECHR, Judicial Review
Immigration Asylum EU Law Human Rights Dublin III Regulation Family Reunification Unaccompanied Minors Article 17 Discretion +2 more

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Parties

RSM, a child by his Litigation Friend ZAM

Claimant/respondent

ZAM

Claimant/respondent

Secretary of State for the Home Department

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Article 17.1 of Dublin III requires the Secretary of State to proactively exercise discretion to admit an unaccompanied child asylum seeker before a take charge request is made
  2. 2 Whether ministerial statements and government policy must be considered in exercising Article 17 discretion
  3. 3 Whether Article 8 ECHR is violated by delay in family reunification

Ratio Decidendi

Article 17.1 of Dublin III does not require the Secretary of State to proactively exercise discretion to admit an unaccompanied child asylum seeker before a take charge request is made by the responsible member state; the discretion only arises when an asylum claim is lodged in the UK, which requires physical presence; ministerial statements and government policy do not impose binding obligations overriding the Regulation; Article 8 ECHR does not mandate bypassing Dublin III except in exceptionally compelling cases.

Court Disposition

Appeal allowed

Orders

  • Upper Tribunal's mandatory order set aside
  • Declaration that Secretary of State did not fail to lawfully exercise discretion under Article 17 of Dublin III