Updates, commentary, training and advice on immigration and asylum law
Dublin returns to Malta are lawful says Upper Tribunal
THANKS FOR READING
Older content is locked
A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more
TAKE FREE MOVEMENT FURTHER
By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;
- Single login for personal use
- FREE downloads of Free Movement ebooks
- Access to all Free Movement blog content
- Access to all our online training materials
- Access to our busy forums
- Downloadable CPD certificates
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  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.
Interested in refugee law? You might like Colin's book, imaginatively called "Refugee Law" and published by Bristol University Press.
Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists alike.