A v Secretary of State for the Home Department

A v Secretary of State for the Home Department

The applicant established arguable grounds with a real prospect of success on both points of construction regarding the meaning of 'guardian' and the interpretation of Article 5.2 of the Dublin II Regulation. Permission to appeal is granted for substantive consideration of these issues.

Parties
Claimant/appellant: A; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
05 May 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted; appeal allowed.
Legal Topics
Dublin II Regulation, Judicial Review, Article 8 ECHR, Asylum Procedure, Interpretation of 'guardian'
Immigration Law Human Rights Law Administrative Law Dublin II Regulation Judicial Review Article 8 ECHR Asylum Procedure Interpretation of 'guardian'

Case Brief

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Parties

A

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the term 'guardian' in Article 6 of the Dublin II Regulation should be narrowly or broadly construed
  2. 2 Whether Article 5.2 of the Dublin II Regulation requires consideration of the situation as it truly obtained when the asylum seeker first lodged an application

Ratio Decidendi

The applicant established arguable grounds with a real prospect of success on both points of construction regarding the meaning of 'guardian' and the interpretation of Article 5.2 of the Dublin II Regulation. Permission to appeal is granted for substantive consideration of these issues.

Court Disposition

Permission to appeal granted; appeal allowed.

Orders

  • Substantive appeal to proceed in the Court of Appeal.