Skip to navigation Skip to main content

Success in Dublin III Unlawful Detention Case

Our client (M) is an Iranian asylum seeker who had fled his home country after being tortured for political reasons. M was detained on arrival to the United Kingdom. The Home Office had decided to remove him to Croatia under the Dublin III regulation, as he had previously been fingerprinted by the authorities there before arriving in the United Kingdom. M had informed the Home Office that he had been mistreated by the Croatian border police and forcibly moved on when he had travelled across the Croatian border. M’s asylum claim had been refused and certified on the grounds that he could be removed to a safe third country.

We made representations to the Home Office, requesting they reconsider the decision to remove our client. When these representations were refused, we wrote a letter before claim, advancing three grounds of challenge. Firstly, we argued that Article 13 of the Dublin Regulation did not apply to our client as it had been more than 12 months since his border crossing in Croatia. Secondly, we submitted that on the basis of our client’s particular circumstances, being a victim of torture with serious mental health issues, his removal would infringe his rights as protected by Article 3.

Finally, we challenged the lawfulness of our client’s continued detention on the grounds that the mandatory restrictions as imposed by Article 28 of the Dublin III regulation had not been met. Under Article 28, detention is permissible only where there is a significant risk of absconding, where another less intrusive measure would not suffice and where the individual has been provided with the true legal and factual basis for their detention. From the decisions of the Home Office, it became apparent that these legal safeguards had not been applied in M’s case.

The Home Office responded to our pre-action correspondence, maintaining our client’s detention on the incorrect legal basis and set removal directions. We were able to secure emergency funding to lodge proceedings in the High Court, halting our client’s removal and ensuring his release from detention. In response to our challenge, the Home Office agreed to consider our client’s asylum claim in the United Kingdom. We were also able to negotiate a substantial sum for our client to settle his unlawful detention claim, negating the need to pursue costly and time-consuming litigation.

Contact us today

Speak to us today for expert immigration guidance and advice. Our law firm has been advising and assisting immigration clients for over 35 years.

For a same-day response, contact us today for advice and assistance with your visa or leave to remain. We can be emailed at enquiries@bhdsolicitors if you wish to arrange a consultation, or you can alternatively contact us via the blue contact us boxes above.

We are a firm specialising in immigration law with offices situated in Croydon and Central London and we are continuing to work remotely throughout the Coronavirus pandemic.

Our Legal Services

We are an award-winning law firm specialising in immigration asylum and human rights law.

close
Book a Consultation
Request a Callback
Pay Online

Book a consultation

The first step in securing legal representation for your case is to arrange an initial consultation. This can take place at one of our London offices or by phone.





    Tell us briefly about the nature of your case to help us arrange your consultation with the most relevant member of our legal team.

    The information you submit here is transmitted securely and treated in strict confidence. Read our full Privacy & Terms.

    Request a callback

    Complete the form below and one of our expert legal team will call you back within 24hrs to discuss the details of your case.




      You don't need to provide an email address, but we will use this if we can't get in contact by phone.


      Tell us briefly about the nature of your case to help us put you in touch with the most relevant member of our legal team.

      The information you submit here is transmitted securely and treated in strict confidence. Read our full Privacy & Terms.

      Specialist UK Immigration lawyers in London, UK.

      Call Now Button