Source: All England Reporter
Publisher Citation: [2006] All ER (D) 178 (Oct)
Court: Court of Appeal, Civil Division

Laws, Maurice Kay LJJ and Bodey J

Representation Manjit Gill QC and Eric Fripp (instructed by South West Law, Bristol) for the claimant.
  Angus McCullough and Alan Payne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 16 October 2006


Asylum - Application - Prior application for asylum in another member state - Determination of state responsible for deciding asylum application - Effect of new facts on determination - Meaning of 'guardian' - Time limit for removal of claimant to member state accepting responsibility - Council Regulation (EC) 343/2003, arts 2(i)(iii), 5.2, 7, 15, 20.

The Case

The screening process under Council Regulation (EC) 343-2003 (establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national) fell to be conducted only once. The process should be undertaken by reference to the enquiry conducted by the member state with which the application for asylum was first lodged and at the time it was lodged. For the purposes of art2(i)(iii) of the Regulation, the term 'guardian' required the assumption of personal responsibility for a minor pursuant to an external rule, whether legal, traditional or tribal.

Practice Areas

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