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The tribunal has returned to the issue of when might children in the EU seeking entry to the UK under the Dublin Regulation be ordered to be admitted on an urgent basis. The order was made to admit the children in this case and the tribunal sets out guidance on the correct approach.
The order was actually made on 11 October 2016 but was only reported last week, I think.
(i) By virtue of the decision of the Court of Appeal in ZAT & Ors the duty to admit a person to the United Kingdom under Article 8 ECHR without adherence to the initial procedural requirements of the Dublin Regulation requires an especially compelling case.
(ii) The question of whether the best interests of a child will be promoted by delay is an intensely fact sensitive one.
(iii) The grant of interim relief can be formulated in such a way as to respect the role and responsibilities of the relevant authorities of a foreign state.
(iv) Protection of the best interests of a child should not be outweighed by considerations of judicial comity.
Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder of the Free Movement immigration law website.
