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UK - Esmaiel Mohammed Pour (1), Seid Jafar Hasini Hersari (2), Majid Ghulami (3) v The Secretary of State for the Home Department
Country of applicant: Iran

The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims.  A further right to appeal remained with the Cypriot Supreme Court.  The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.

The Court concluded that there was no real risk that the applicants, if returned to Iran from Cyprus, would be refouled there and the inclusion of Cyprus on the list of safe third countries involves no incompatibility with the ECHR.  The Court was wholly unpersuaded that there was any flagrant breach of Article 5 in Cyprus for Dublin returnees who have had a final decision on their claim.

Date of decision: 01-03-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 25,Art 15,Art 18,Art 32,Art 34,Art 39.1 (c),EN - Charter of Fundamental Rights of the European Union,Article 4,Article 6,Article 19,Art 19.2,Article 47,Article 52,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 20,Article 21,Article 33,Article 40,Article 46,Art 15.2,Art 15.3 (b),Art 15.3 (d),Art 39.3,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 13,Article 15,2.,Art 52.3,Article 2,Article 3,Article 4,Article 5,Article 6,Article 13,Art 5.1,Art 5.2,Art 5.3,Art 5.4,Art 5.5,Art 6.3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 23,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8,Article 9
UK - Supreme Court, 28 July 2010, R (on the application of ZO (Somalia) and others (Respondents) v Secretary of State for the Home department ( (Appellant) [2010] UKSC 36"
Country of applicant: Myanmar, Somalia

This case concerned whether the provisions of the Reception Conditions Directive apply to subsequent asylum applications (fresh claims) as with initial claims for asylum. It was confirmed that that the provisions do apply. 

Date of decision: 28-07-2010
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 23.4 (h),Art 32,Art 34,Recital 15,Art 7.2,Art 24.1,Art 39.1 (c),EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 6,Article 8,Article 10,1.,2.,2.,1.,Article 16,1.