CK (Afghanistan) v Secretary of State for the Home Department [2015] EWCA Civ 693 (17 June 2015)

The application for permission to appeal has a reasonable prospect of success on the grounds that the judge may have erred in law regarding justiciability of Dublin II decisions, the application of the Article 8 test, and the approach to certification challenges.

Citation: [2015] EWCA Civ 693
Parties: Claimant/applicant: CK (Afghanistan); Defendant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 17 June 2015
Procedural Posture: Judicial Review (immigration/asylum) / Renewed Application for Permission to Appeal
Outcome: Permission to appeal granted; extension of time granted; cases to be linked until further order.
Legal Topics: Dublin II Regulation, Asylum Claims, Article 8 ECHR, Judicial Review, Discretion Under EU Regulations

Immigration Law Human Rights Law European Union Law Dublin II Regulation Asylum Claims Article 8 ECHR Judicial Review Discretion Under EU Regulations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2

Parties

CK (Afghanistan)

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review (immigration/asylum) / Renewed Application for Permission to Appeal

Legal Issues

1 Whether decisions under Dublin II Regulation are justiciable except as to Article 3 ECHR
2 Whether the correct test was applied for breach of Article 8 ECHR
3 Whether the judge conflated the test under regulation 15.2 with Article 8 ECHR

Ratio Decidendi

Court Disposition

Permission to appeal granted; extension of time granted; cases to be linked until further order.

Orders

Permission to appeal granted
Extension of time granted