Case summaries
UK - Court of Appeal, 22 March 2011, DS (Afghanistan) v Secretary of State for the Home Department [2011] EWCA Civ 305
Country of applicant:
Afghanistan
Keywords:
Best interest of the child, Persecution (acts of), Persecution Grounds/Reasons, Unaccompanied minor, Membership of a particular social group, Child Specific Considerations
The Court of Appeal concluded that the Tribunal must make a best interest of the child determination in considering an asylum appeal made by an unaccompanied minor. Further, that although the Secretary of State has a duty to trace the applicant’s family under the Reception Conditions Directive, this duty exists independently of the obligation to appropriately consider an asylum claim. Therefore the Secretary of State’s failure to act on the basis of the duty is not a ground on which an asylum appeal could be allowed.
Date of decision:
22-03-2011
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.1,Art 10.1 (d),Art 10,Art 4,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,2.,Article 19,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8