Published Thursday, July 19, 2018

Important Upper Tribunal decision on asylum seeking children’s rights

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.

See briefing note here and judgment here. Read the Guardian's article about this case here.

Jane Ryan of Bhatt Murphy, Charlotte Kilroy and Michelle Knorr of Doughty Street Chambers acted for the child, MS.

 

 
 

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