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The Secretary of State for the Home Department –v- Re: FTH

10th March 2020

Court 71

This is an application by the SSHD for permission to appeal the decision of UTJ Allen and UTJ Finch dated 12 June 2018 in which they granted the application for judicial review.

FTH is a national of Eritrea born on 10 August 1999. In 2015 he fled Eritrea due to his alleged fear of compulsory military service and persecution on the grounds of religion. He arrived in the Calais camp known as the ‘jungle’ in July 2016 and resided there until it was dismantled in October 2016. In late 2016 FTH was screened along with others appearing to be unaccompanied asylum-seeking children by teams from the UK which were sent to identify children with relatives in the UK for possible admission under an expedited process (‘Operation Purnia’). FTH sought to join his brother YH in the UK. On 30 November 2016 his application for family reunion under the expedited process was rejected by the SSHD although the decision was not communicated on that date. The French authorities told FTH about the decision orally at the end of December 2016. On 24 January 2018 FTH obtained legal representation and on 16 February 2018 filed an application for permission to judicially review the SSHD’s ongoing failure to make a lawful decision on his application under the expedited process. On 19 and 21 March 2018 the SSHD wrote to the French authorities asking they make a ‘take charge’ request to the UK under Article 8(1) or 17(2) of Regulation 604/2013 (Dublin III). UTJ Finch granted permission to apply for judicial review at an oral hearing and refused the SSHD’s application for a stay. On 4 May 2018, the French authorities indicated they were willing to make a take charge request to the UK under Article 17(2) of Dublin III and on 10 May 2018 the SSHD indicated that he would accept the request subject to security checks. Meanwhile the UTIAC hearing on 9, 10 and 11 May 2018 concluded and on 11 June 2018 UTJJ Allen and Finch handed down their decision granting the application for judicial review. The UTIAC declared that the SSHD’s refusal to admit FTH under the expedited process, and continuing failure to admit him to the UK constituted a breach of the procedural dimension of Article 8 ECHR.

Read the lower court Judgment.

View Hearing:

Part 1

Part 2