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

Immigration – Refugee. The claimant Chechens issued judicial review proceedings, resisting their return to Sweden, under Council Regulation (EC) 343/2003, on the ground that there was a real risk that they would be refouled to Russia. The Divisional Court, in dismissing the application, held that para 3(2) of Sch 3 to the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, providing an irrebuttable legal presumption that Sweden would not refoul returned asylum seekers in breach of its international obligations did not apply to any claim founded in EU law. Further, the Secretary of State had correctly concluded that the Swedish authorities would not fail to abide by their legal obligations.

Category: