R (on the application of Jayarupan) v Secretary of State for the Home Department

Immigration – Asylum seeker. The defendant Secretary of State had arranged for the claimant asylum seeker to be removed to Cyprus, as he had initially claimed asylum in that member state before making his claim in the United Kingdom. The claimant sought judicial review of that decision. Dismissing the claim, the Administrative Court held that in the absence of a human rights claim of substance, the claimant's legitimate public law interests had been protected by the assumption that it would not matter to the outcome where in the Community an asylum application was heard. The discretion in art 3(2) of Council Regulation (EC) 343/2003 had been a matter solely between the UK and Cyprus, not justiciable in the instant court at the insistence of the claimant.

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