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Dublin returns to Malta are lawful says Upper Tribunal


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The Upper Tribunal has found that returns of asylum seekers to Malta under the Dublin Regulation are lawful. The case is R (on the application of Hagos) v Secretary of State for the Home Department (Dublin returns – Malta) IJR [2015] UKUT 271 (IAC)

1) While the Maltese system for the reception, processing and treatment of asylum seekers has certain frailties and shortcomings, these fall measurably short of fundamental failings or near collapse, particularly in circumstances where the consistent trend is one of progressive improvement and fortification. It suffers from no systemic deficiency.

2) The transfer of a young male adult in good physical health, though suffering from mental health problems and asserting a risk of suicide, from the United Kingdom to Malta under the Dublin Regulation will not necessarily violate Article 3 ECHR, Articles 18 or 47 of the EU Charter of Fundamental Rights, Article 33 of the Refugee Convention or the Qualification Directive.

3) (Per curiam) The removal of a person to another state contravenes Article 5 ECHR only if the evidence establishes a real risk of a flagrant breach of this provision.

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Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.