Case summaries
UK - Court of Appeal, 25 February 2010, MK (Iran), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 115
Country of applicant:
Iran
No liability in damages in EU Law under Art 16(1)(b) of the Dublin Regulation arose from the failure to promptly examine an application for asylum where the United Kingdom accepted responsibility for the claim. The obligation in Art 13 of the Qualification Directive to grant refugee status to those entitled to it could not be considered a “civil right” protected by Art 6 of the ECHR in the absence of caselaw from the Strasbourg Court expressly recognising this.
Date of decision:
25-02-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 13,Art 6,Art 23,Art 6.2,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 10,Article 16,1.,1. (b),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 6