by Rosalind English
Medhanye, R(on the application of ) v Secretary of State for the Home Department [2012] EWHC 1799 (Admin) (02 July 2012) - read judgment
EU
law is based on a central principle of mutual confidence. It therefore
flies in the face of this trust to impose a legal duty on one member
state to monitor whether another Member State was complying with its
obligations under that law, including its obligation to respect
fundamental human rights.
Background facts
The
claimant, an Eritrean national, sought asylum in the UK, having
previously claimed asylum in Italy. The secretary of state decided to
remove him to Italy under Regulation 343/2003 (Dublin II). The
claimant challenged the Secretary of State's decision to certify as
"clearly unfounded" his claim that removing him to Italy would breach
his rights under the European Convention on Human Rights ("ECHR"). His
application for judicial review was refused. Read more of this post
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