Source: All England Reporter
Publisher Citation: [2010] All ER (D) 275 (Oct)
Neutral Citation: [2010] EWHC 2614 (Admin)
Court: Queen's Bench Division, Administrative Court (Birmingham)
Judge:

Wyn Williams J
Representation Christopher Buttler (instructed by Steel & Shamash) for the claimant.
  Tim Eicke (instructed by the Treasury Solicitor) for the Secretary of State.
  The authority did not appear and was not represented.
Judgment Dates: 26 October 2010

Catchwords

Immigration - Asylum seeker - Removal - Claimant Afghan national aged 14 arriving in United Kingdom and claiming asylum - Claimant previously claiming asylum in Belgium - Belgium formally taking responsibility for claimant's asylum application - Claimant's social worker preparing report and recommending claimant should not be removed to Belgium - Defendant Secretary of State expressing intention to remove claimant - Whether Secretary of State erring - Borders, Citizenship & Immigration Act 2009, s 55(2).

The Case

Immigration Asylum seeker. The Administrative Court allowed the claimant's application for judicial review on the basis that the defendant Secretary of State had not discharged his duty under s55(2) of the Borders, Citizenship and Immigration Act 2009 in respect of treating the need to safeguard and promote the welfare of the claimant as a primary consideration unless there were cogent reasons which justified a different approach.

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