R Kiros v Secretary of State for The Home Department
| Jurisdiction | England & Wales |
| Judge | Mr Justice Hickinbottom |
| Judgment Date | 13 May 2011 |
| Neutral Citation | [2011] EWHC 1753 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Date | 13 May 2011 |
| Docket Number | Case No: CO/6631/2010 |
[2011] EWHC 1753 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Sitting at:
Birmingham Civil Justice Centre
Priory Courts
33 Bull Street
Birmingham
B4 6DS
The Honourable Mr Justice Hickinbottom
Case No: CO/6631/2010
Mr Bedford appeared on behalf of the Claimant
Mr Majib appeared on behalf of the Defendant
(As Approved)
Mr Justice Hickinbottom: The claimant is a national of Eritrea, who arrived in the United Kingdom and claimed asylum on 13 March 2009.
Following the usual finger-printing and inquiries, on 12 May 2009 EURODAC identified him as being the same person who had been earlier finger-printed in Italy, and had claimed asylum there. The claimant has throughout denied ever having been to Italy. On 15 September 2009 the United Kingdom requested Italy to accept responsibility for the asylum claim under EC Council Regulation 343/2003 ("the Dublin Regulation"). No response was received in the requisite 14 days; and consequently, on 29 September 2009, Italy was presumed to accept responsibility for the asylum claim. As a result, on 23 November 2009 the United Kingdom refused the claimant's asylum on third country grounds.
However, on 5 February 2010 Italy belatedly responded to the Secretary of State's request, notifying her that the claimant had in fact been granted refugee status in Italy. That letter is from the Head of the Third Country Unit in Italy and, following the identification of the claimant, it reads as follows:
"Following your request concerning the above-named person, this is to inform you that the applicant was granted the refugee status in Italy. Consequently this case does not fall within the competence of this office anymore since the Dublin procedure has been completed in Italy. Therefore a possible transfer of the alien will be effected in the framework of the police agreements and you will need to send your request on this to [a fax number]."
As a result of receiving that letter, the United Kingdom Border Agency on behalf of the Secretary of State wrote to the claimant on 5 May 2010 indicating that, in the Secretary of State's opinion, he had been granted refugee status in Italy and it was proposed to remove the claimant to Italy. That was duly certified by the Secretary of State under paragraph 17 of Part V of Schedule 3 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004, which meant that removal to Italy was not prevented despite their being an extant claim in the United Kingdom for asylum by the claimant. Section 77 of the Nationality, Immigration and Asylum Act 2002 generally prevents removal whilst an asylum application is pending.
There was then further communication between the Secretary of State and the police authorities in Italy. That prompted a letter from the Ministry for Internal Affairs, Department for Public Safety, Central Directorate for Immigration and Border Police in Italy dated 1 July 2010. That is headed, as the subject matter, "Abdul Kada Nasser, born 1 September 1988 in Ethiopia"; and, underneath "Kiro Urmias Baraket born 22 March 1992 in Eritrea (alias in England)". It is addressed to the relevant Central Government Department in Rome and the airport border police in Milan, as well as the Crotone Police Headquarters. It reads:
"We are writing to inform you that the request for re-admission of the above Somali citizen has been granted and re-entry into Italy of the foreigner is therefore authorised. Kindly notify the airport border...
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