David Manknell and Amelia Walker acted for the Home Secretary and were instructed by the Government Legal Department in this seminal case of Citizens UK v the Secretary of State for the Home Department.
The Claimant challenged the lawfulness of an expedited process established by the British and French Governments immediately before and in the aftermath of the French Government’s closure in October 2016 of the camp in Calais known colloquially as ‘the Jungle’. Under the process around 550 children with close family in the UK, within the meaning of Article 8 of the Dublin III Regulation, were transferred to the UK between October and December 2016.
The Claimant argued that since the expedited process was in substance the Dublin III Regulation process, it was unlawful because it had failed to comply with the procedural safeguards of Dublin III. Alternatively that if it was a process ‘outside’ Dublin III it failed to comply with common law standards of procedural and substantive fairness.
Mr. Justice Soole dismissed the claim, concluding that the process was fair, reasonable and there was no systemic failure. Permission to appeal has been granted.
Click here for more details on Citizens UK v the Secretary of State for the Home Department [2017] EWHC 2301 (Admin).
