R (Nasseri) v Secretary of State for the Home Department - JustCite

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R (Nasseri) v Secretary of State for the Home Department

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Justis Editorial on 30 August 2011

Claiming asylum in a second EU Member State

The House of Lords handed down judgment in the case of Secretary of State for the Home Department v Nasseri 07/05/2009 Times Law Reports on 6th May 2009. The appeal to the House of Lords concerned Council Regulation (EC) No 343/2003, known as the Dublin II regulation. The appellant had claimed asylum in Greece, and upon rejection of this claim had then claimed asylum in the United Kingdom.

The House discussed the lower decisions of the High Court and Court of Appeal, reported at [2008] 2 WLR 523 and [2008] 3 WLR 1386 respectively. Dismissing the appeal, the House found that member states were entitled to assume that other member states would comply with the requirements of the Dublin II regulation. As there was no evidence that Greece had failed to comply with these requirements in a way which breached article 3 of the European Convention for the Protection of Human Rights, the UK was also not in breach of article 3 of the ECHR as incorporated by schedule 1 of the Human Rights Act 1998 c. 42.

database/2012-05-17T23:11:26.8767371Z/3082248

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