The Secretary of State for the Home Department –v- MS (a child by his litigation friend)

Tuesday 2nd & Wednesday 3rd July 2019

This is an appeal of the Secretary of State for the Home Department (SSHD) against a decision of Upper Tribunal Immigration and Asylum Chamber (UTIAC) to allow the claim for judicial review of the SSHD’s refusal of a take charge request under the Dublin III Regulation in respect of an unaccompanied minor in France seeking to join his brother in the UK. The SSHD did not accept the family relationship. In granting permission to apply for judicial review, UTIAC ordered the SSHD to take all reasonable steps to facilitate the DNA testing of the claimant in France. The SSHD was unable to do so and provided reasons in evidence to UTIAC. UTIAC went on to make its own findings that the brothers were related. The SSHD has now accepted a fresh take charge request on the basis of the relationship.

Permission to appeal to the Court of Appeal was granted in part by UTIAC on grounds 6 and 7 as novel issues of general importance. The grounds raise the issue of whether UTIAC had been correct to make its own findings that the brothers were related as claimed.

Click here for the full lower court Judgment:

https://www.bailii.org/uk/cases/UKUT/IAC/2018/9.html

To view hearing:

Day 1 of 2

Part 1

Part 2

Day 2 of 2

Part 1

Part 2