R (on the application of CK (Afghanistan) and others) v Secretary of State for the Home Department

Immigration – Asylum seeker. The Court of Appeal, Civil Division, dismissed the Afghan claimants' appeal against the dismissal of their applications for judicial review of the defendant Secretary of State's refusal to exercise her discretion under Council Regulation (EC) 343/2003 (Dublin II) to allow their asylum claims to be examined in the United Kingdom. Given that it was, in principle, open to the claimants to assert art 8 of the European Convention on Human Rights (art 8), the merits of their claim were required to be considered. However, there was nothing which could justify a refusal on art 8 grounds to give effect to the Dublin II determination that France should be responsible for their asylum claims.

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