Case summaries
UK - High Court, 11 August 2011, Elayathamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2182 (Admin)
Country of applicant:
Sri Lanka
The Administrative Court considered the removal of a Sri Lankan from the UK to Cyprus under the Dublin Regulation. The applicant had been recognised under UNHCR’s mandate as being a refugee in Malaysia but had subsequently travelled via Thailand, Syria and Cyprus to the UK. The Court found that there was no legitimate expectation under the UK’s Mandate Refugee policy to consider his claim in the UK. Further, applying the principles in MSS v Belgium and Greece and KRS v UK, it found that the evidence was insufficient to establish that he faced a risk of onward refoulement from Cyprus to Sri Lanka or that detention conditions or living conditions in Cyprus should prevent his removal.
Date of decision:
11-08-2011
Relevant International and European Legislation:
1951 Refugee Convention,Art 33,Preamble,Art 35,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,2.,Article 9,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3