On 19 July 2018 for the first time in a judicial review of a take charge refusal under the Dublin III Regulation, the Upper Tribunal determined the family relationship for itself and gave guidance on the right to an effective remedy for children seeking asylum. The Upper Tribunal also ruled that the Home Secretary’s decisions refusing our client’s request to join his brother in the UK were unlawful.
The case has widespread implications for judicial reviews to Home Office decisions refusing take charge requests. It means that the question of the family relationship is one to be determined by the Court and the decision is a welcome clarification of the right to an effective remedy under Article 27 Dublin III Regulation and Article 47 of the Charter of Fundamental Rights.
In the course of the litigation it also emerged that the Home Office appears to have unlawfully taken DNA samples from asylum applicants in a historic scheme in 2009.
Jane Ryan of Bhatt Murphy, Charlotte Kilroy and Michelle Knorr of Doughty Street Chambers acted for the child, MS.