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England and Wales High Court (Administrative Court) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Reza, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1207 (Admin) (24 April 2012) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/1207.html Cite as: [2012] EWHC 1207 (Admin) |
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Strand London WC2A 2LL |
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B e f o r e :
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THE QUEEN ON THE APPLICATION OF REZA | Claimant | |
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SECRETARY OF STATE FOR THE HOME DEPARTMENT | Defendant |
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Mr J P Waite (instructed by Treasury Solicitor) appeared on behalf of the Defendant
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"Applicant's accounts do not seem credible. There is no evidence to suggest that he left the territory of the Member States. He was only encountered when he went to the asylum screening unit in Croydon to claim asylum."
"The effect of Article 15 [of the Dublin II Regulation] is not to confer a free-standing substantive right on individual applicants. Rather it is to regulate the relationship between two or more Member States."
"Members States shall ensure that each adult having legal capacity has the right to make an application for asylum on his/her own behalf."
"In addition to cases in which an application is not examined in accordance with Regulation (EC) No 343/2003, Member States are not required to examine whether the applicant qualifies as a refugee in accordance with Directive 2004/83/EC where an application is considered inadmissible pursuant to this Article."
"This Directive does not deal with procedures governed by Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by the third-country national."
"Member States shall examine the application of any third-country national who applies at the border or in their territory to any one of them for asylum. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter III indicates is responsible."
"Where no Member State responsible for examining the application for asylum can be designated on the basis of the criteria listed in this Regulation, the first Member State with which the application for asylum was lodged shall be responsible for examining it."
"The obligation specified in paragraph 1 shall cease where the third-country national has left the territory of the Member States for at least 3 months unless the third-country national is in possession of a valid residence document issued by the Member State responsible."
"Everyone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article."