Hungary – Dublin II removals – update
Last week I was before Males J in the Administrative Court in a renewed judicial review application for permission to challenge the certification as clearly unfounded of the Claimant’s case that his removal to Hungary would breach his protected rights under article 8 of the ECHR, this case particularly interests me as a direct access immigration barrister, given that my client suffers from poor mental health and there is scant evidence that he would receive the appropriate treatment in Hungary.
The Secretary of State fought hard for the application to be dismissed and for the Claimant to be removed from the United Kingdom. The Secretary of State sought to argue that following the recent ECHR case of Hussein v Netherlands there was no longer any doubt as to the relevant test to be applied in considering whether or not a Claimant could succeed.
I argued that it would be inappropriate to dismiss the case given that lead Hungarian case of Toufighy and Duran was stayed by the Court of Appeal of its own motion and that the Court of Appeal, through LJ Buxton had stayed three Dublin II return cases to Cyprus and the Court of Appeal had granted (LJ Jackson) permission in AB (Sudan) against the refusal to issue a stay by Mr Ockleton. The other cases had been stayed, it is understood pending the outcome of the appeal to the Supreme Court in EM (Eritrea).
The Court adjourned the proceedings for four weeks in order to ascertain the basis of the reasons behind the stay in Toufighy and Duran and for the Claimant to be able to obtain a report from the Cordelia Foundation. This had the effect of continuing the injunction previously granted by the High Court which prevents the Home Office from removing him from the United Kingdom.
This case worries me as it appears from the UNHCR report of April 2012 that the Hungarian state is not obliged by law to provide mental health care to those detained.
Paul Turner is a highly regarded direct access immigration barrister practising at Tooks Chambers, the Chambers of Michael Mansfield QC and Patrick Roache, 81 Farringdon Road, London, EC4A 4BL. He is licensed by the Bar Council to provide direct access services directly to the public and is happy to advise on any immigration problems you or a family member may have. Please contact him either by email or phone.