R (on the applications of Simaei and another) v Secretary of State for the Home Department

Immigration – Asylum seeker. The claimants sought permission to seek judicial review of the defendant Secretary of State's decisions that they should be removed to Hungary for the purpose of processing their respective asylum applications, under Council Regulation (EC) 343/2003. The Upper Tribunal (Immigration and Asylum Chamber), in refusing the applications, held that evidentially, neither claimants' case was arguably sufficient to displace the strong presumption, which was one of the pillars of the Regulation regime, that Hungary would comply with its relevant international obligations, in particular, under art 3 of the European Convention on Human Rights.

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