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Immigration – Asylum seeker. The claimants sought judicial review of the defendant Secretary of State's refusal to exercise her discretion under arts 3(2) and 15 of Regulation (EC) 343/2003 (the Dublin II Regulation) to consider the claimants' asylum claims in the United Kingdom. The Administrative Court, in dismissing the application, held that the decisions taken under the Dublin II Regulation were not susceptible to challenge by judicial review proceedings, save where the enforcement of the decision would lead to inhuman or degrading treatment, which was not alleged in the present case.
Immigration – Asylum seeker. The claimants sought judicial review of the defendant Secretary of State's refusal to exercise her discretion under arts 3(2) and 15 of Regulation (EC) 343/2003 (the Dublin II Regulation) to consider the claimants' asylum claims in the United Kingdom. The Administrative Court, in dismissing the application, held that the decisions taken under the Dublin II Regulation were not susceptible to challenge by judicial review proceedings, save where the enforcement of the decision would lead to inhuman or degrading treatment, which was not alleged in the present case.
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