Source: All England Reporter
Publisher Citation: [2001] All ER (D) 197 (Feb)
Court: Administrative Court

Hooper J

Representation Anne-Marie Sheehan (instructed by Dozié & Co) for A.
  Lisa Giovannetti (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 16 February 2001


Immigration - Appeal - Reasons for decision - Germany refusing applicant asylum - Applicant not detained pending determination of asylum application in United Kingdom - Applicant seeking to rely on rights under Dublin Convention - Secretary of State concluding Germany retaining responsibility for applicant because applicant illegally in UK - Whether Secretary of State in error - Whether Dublin Convention conferring rights on individuals - Dublin Convention, art 10.

The Case

For the purposes of art10(3)(e) of the Dublin Convention, an asylum seeker who was not detained in this country whilst her application was being determined was in this country illegally notwithstanding that the asylum seeker was not an illegal entrant.

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