Pour and others v Secretary of State for the Home Department

Immigration – Refugee. The Administrative Court dismissed the claimant Iranian nationals' challenge to the defendant Secretary of State's certification of their asylum claims on safe third country grounds and certification of their human rights claims as clearly unfounded. Although articles other than art 3 of the European Convention on Human Rights and art 4 of the Charter of Fundamental Rights of the European Union could be prayed in aid to prevent returns under Council Regulation (EC) 343/03 (Dublin II), there was no flagrant breach of art 5 of the Convention in Cyprus for Dublin returnees who had had a final decision on their claim.

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