Source: All England Reporter
Publisher Citation: [2012] All ER (D) 184 (Oct)
Neutral Citation: [2012] EWCA Civ 1336
Court: Court of Appeal, Civil Division

Richards, Sullivan LJJ and Sir Stephen Sedley

Representation Monica Carss-Frisk QC, David Chirico and Mark Symes (instructed by Wilson Solicitors LLP) for EM and AE.
  Monica Carss-Frisk QC, David Chirico and Mark Symes (instructed by Sutovic & Hartigan Solicitors) for EH.
  Monica Carss-Frisk QC and Melanie Plimmer (instructed by Switalskis Solicitors) for MA.
  Alan Payne (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 17 October 2012


Immigration - Asylum seeker - Deportation - Claimants fleeing country of origin and arriving in Italy claiming asylum - Italy being country of first arrival - Claimants leaving Italy and arriving in United Kingdom - Secretary of State issuing removal directions and return of claimants to Italy - Claimants submitting risk of becoming homeless or destitute if returned to Italy - Claimants' challenges against removal directions being refused or dismissed - Claimants appealing - Claimants submitting evidential basis for rebutting presumption of asylum claims being handled by country of first arrival - Whether sufficient evidence to rebut presumption - Council Regulation (EC) 343/2003 (the Dublin II Convention).

The Case

Immigration Asylum seeker. The Court of Appeal, Civil Division, held that the claimants had failed to show that there was a systematic deficiency in the asylum or reception procedures in Italy so as to refrain from returning them to Italy as the first member state in which the claimants had arrived and claimed asylum.

Practice Areas

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