Immigration Law Update: R (on the application of Weldegaber) v The Secretary of State for the Home Department (Dublin Returns - Italy) IJR [2015] UKUT 70 (IAC)

Read the judgment here.

1. Dublin cases require the R to undertake a thorough and individuated examination of the situation and circumstances of the person concerned.

2. The ECtHR in Tarakhel v Switzerland [App.no. 29217/12 (GC)] was not purporting to promulgate a general rule or principle that a sending state is required to secure specific assurances from the destination state as to accommodation or the like.

3. In light of the considerable body of relevant background country information considered by the R, it was open to her to find that there was neither systemic deficiency nor serious operational failure in the conditions prevailing in Italy for the reception, processing and treatment of asylum seekers. [Headnote]


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