*/
Immigration – Asylum seeker. The appellants had originally travelled to Italy and sought asylum or refugee status, but had left Italy and arrived in the United Kingdom. The Secretary of State determined that they should be returned to Italy and certified their claims as clearly unfounded. The appellants had all sought judicial review of those decisions. The Court of Appeal, Civil Division, had concluded, based on the decision of the Court of Justice of the European Union in NS v Secretary of State for the Home Department and other cases: C-411/10 and C-493/10 [2012] All ER (EC) 1011 (NS), that the sole ground on which a second state was required to exercise its power under art 3(2) of the Dublin II Regulation to entertain a re-application for asylum or humanitarian protection, and to refrain from returning the applicant to the state of first arrival, was that the source of risk to the applicant was a systemic deficiency, known to the former, in the latter's asylum or reception procedures. On the facts, the situation in Italy had not reached that mark. The Supreme Court held that the Court of Appeal had erred and misinterpreted NS. The correct test had remained that in Soering v United Kingdom (Application 14038/88)[1989] ECHR 14038/88.
Immigration – Asylum seeker. The appellants had originally travelled to Italy and sought asylum or refugee status, but had left Italy and arrived in the United Kingdom. The Secretary of State determined that they should be returned to Italy and certified their claims as clearly unfounded. The appellants had all sought judicial review of those decisions. The Court of Appeal, Civil Division, had concluded, based on the decision of the Court of Justice of the European Union in NS v Secretary of State for the Home Department and other cases: C-411/10 and C-493/10 [2012] All ER (EC) 1011 (NS), that the sole ground on which a second state was required to exercise its power under art 3(2) of the Dublin II Regulation to entertain a re-application for asylum or humanitarian protection, and to refrain from returning the applicant to the state of first arrival, was that the source of risk to the applicant was a systemic deficiency, known to the former, in the latter's asylum or reception procedures. On the facts, the situation in Italy had not reached that mark. The Supreme Court held that the Court of Appeal had erred and misinterpreted NS. The correct test had remained that in Soering v United Kingdom (Application 14038/88)[1989] ECHR 14038/88.
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Inés Rivera explains how speech recognition can help barristers create accurate documentation faster
What should barristers be doing on the personal finance front ahead of the end of the tax year on 5 April? Julian Morgan of Fleet Street Wealth answers your questions
Are you ready to embark on this arduous but potentially rewarding journey? Julie Gottlieb of Sherwood PSF Consulting provides a self-examination checklist, hints and tips to help you prepare for a future application
Unlocking your aged debt to augment cash flow in one easy step… By Philip N Bristow of Vector Professions Finance
The journey from a small village in Nepal to international law professor and UN Special Rapporteur for Human Rights: Admas Habteslasie talks to Surya Subedi QC (Hon)
The Westminster Commission on Miscarriages of Justice, set up to revisit the work of the CCRC after 25 years of operation, identified serious issues that risk miscarriages of justice remaining unidentified or unremedied. By Edward Garnier QC Michelle Nelson QC
Unsparing in his criticism, the former Attorney General reflects on recent events in government and his own experience of being chief legal adviser. Interview by Anthony Inglese CB
Making a move from the Bar to a career in governance: Maria Brookes outlines three good reasons to switch and how to do it
Sports coaches will be caught by a change in the law that addresses the disparity in treatment for 16- to 17-year-olds, writes Cameron Brown QC
.tmb-carlisting.jpg?sfvrsn=1dbaf4a7_1){kind=avatar}