Court of Appeal give guidance on Dublin II regulation.

26 August 2010

The Court of Appeal has refused permission in a public law challenge to the Secretary of State for the Home Department’s decision to remove a Sudanese national to Italy under EC Council Regulation No 343/2003 (“the Dublin II regulation”). The case raised important issues relating to the scope of the United Kingdom’s obligations under Article 1 of the European Charter of Fundamental Rights and Article 3 of the European Convention on Human Rights.

The Court of Appeal provided valuable guidance on the approach to be adopted under the Dublin II regulation for returnees to Italy and other EU Member States pending the outcome of the reference of the issue of the United Kingdom’s obligations under the Charter and Convention to the European Court of Justice in the case of N(S).

Navjot Atwal appeared on behalf of the Secretary of State for the Home Department.