Important Dublin 3 judicial review decision from Upper Tribunal

The Upper Tribunal (UT) granted judicial review and quashed a Home Office refusal to accept the UK’s responsibility for assessing an asylum claim where the third country’s responsibility had lapsed given the asylum seeker had spent more than 3 months outside the EU.

The UT found that the SSHD had acted unfairly in rejecting the truthfulness of the claim without a more active investigation pre-decision and took the unusual and important step of admitting post-decision evidence, including oral evidence given at the substantive JR which it found credible.

Mark was instructed by Emma Terenius of Wilson Solicitors LLP.

Mark is a member of the Garden Court Chambers Immigration Team.