R (on the application of Saeedi) v Secretary of State for the Home Department [2010] EWHC 705 (Admin), [2010] All ER (D) 16 (Apr)
Queen’s Bench Division, Administrative Court, Cranston J,
31 March 2010
The secretary of state is generally entitled under Council Regulation (EC) 3433/2003 (the Dublin Regulation) to return an asylum seeker to the member state identified under the hierarchy of criteria in its Chapter III as the member state responsible for determining the claim for asylum, subject to there being no breach of the European Convention on Human Rights (the Convention) or the provisions of the Dublin Regulation itself.
Mark Henderson and Alison Pickup (instructed by Refugee and Migrant Justice) for the claimant. Elisabeth Laing QC and Alan Payne (instructed by the Treasury Solicitor) for the Secretary of State. Simon Cox and Shahram Taghavi (instructed by Simons Muirhead and Burton) for the first interveners. Raza Husain QC and Samantha Knights (instructed by Baker and McKenzie LLP) for the second intervener.
The instant case was treated as the lead case on return
