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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Alshirif v The Secretary of State for the Home Department  EWHC 1770 (Admin) (15 July 2016)
Cite as:  EWHC 1770 (Admin)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| BASEL ALSHIRIF
|- and -
|THE SECRETARY OF STATE FOR THE HOME DEPARTMENT
Tom Poole (instructed by Government Legal Services) for the Defendant
Hearing dates: 07/04/2016
Crown Copyright ©
Mr Justice Wyn Williams:
i) The decision of 17 July 2015; this is described as a decision to refuse and certify his asylum claim under Schedule 3, Part 2, paragraphs 2 and 3 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, Spain having accepted responsibility for the Claimant's asylum claim under the Dublin III Regulation.
ii) The decisions dated 6 August 2015 and 18 January 2016 to certify the Claimant's human rights claims as clearly unfounded under paragraph 5(4) of Part 2 of Schedule 3 of the 2004 Act.
iii) The decision to remove the Claimant to Spain.
i) the Dublin III Regulation should not have been applied to the Claimant because he was previously returned from Spain to Morocco (refouled); Spain is not a "safe" country for the Claimant;
ii) there is a real risk of a removal from Spain to Morocco should the Claimant now be returned to Spain; this would constitute breaches of Article 3 and 13 of the ECHR and Articles 1, 4, 19 and 47 of the Charter of Fundamental Rights of the European Union; additionally, there is a real risk of a breach of the right to asylum under Article 18 of the same Charter;
iii) there is a real risk that the Claimant will be detained in flagrant breach of Article 5 ECHR and Article 6 of the EU Charter in poor reception conditions that breach Article 3 and 13 of the ECHR and Articles 1, 4 and 47 of the EU Charter.
"The border authorities of the requested State will re-admit to its territory, at the formal request of the border authorities of the requesting State, the third-country nationals who have illegally entered the territory of latter, from the requested State."
Article 2 provides:-
"The re-admission will take place if it is proved, by any means, that the foreigner whose re-admission is sought actually comes from the territory of the requested State. A re-admission application must be filed within 10 days after the illegal entry into the territory of the requested State. It shall contain all the data available concerning the identity, personal documentation owned by the foreigner and the conditions of his illegal entry into the territory of the requesting State and any other information that is available. When re-instatement is accepted, documents will be issued by the border authorities of the requested State using a certificate or any other document in which another document is recorded, stating the identity and, where appropriate, the documents possessed by the foreigner in question."