SA & Anor, R (on the application of) v The Secretary of State for the Home Department [2016] UKUT 507 (IAC)

R (on the application of SA & AA) v Secretary of State for the Home Department (Dublin – Article 8 ECHR – interim relief) IJR [2016]UKUT 00507 (IAC)
Upper Tribunal
Immigration and Asylum Chamber
Notice of Decision
The Queen on the application of
SA
AA
by their litigation friend AA2
Applicants
v
Secretary of State for the Home Department
Respondent
Before The Honourable Mr Justice McCloskey, President
Application For Interim Relief
[Edited and approved version of decision given orally on 11 October 2016]
Venue Having considered all documents lodged and having heard the parties’ respective representatives, Mr M Fordham QC and Ms M Knorr, of counsel, instructed by Bhatt Murphy Solicitors, on behalf of the Applicants and Mr D Manknell, of counsel, instructed by the Government Legal Department, on behalf of the Respondent, at a hearing at Field House, London on 11 October 2016.
(i) By virtue of the decision of the Court of Appeal in ZAT & Ors the duty to admit a person to the United Kingdom under Article 8 ECHR without adherence to the initial procedural requirements of the Dublin Regulation requires an especially compelling case.
(ii) The question of whether the best interests of a child will be promoted by delay is an intensely fact sensitive one.
(iii) The grant of interim relief can be formulated in such a way as to respect the role and responsibilities of the relevant authorities of a foreign state.
(iv) Protection of the best interests of a child should not be outweighed by considerations of judicial comity.
Decision: Interim Relief is granted in the terms of [36] hereof
Between
SA & Anor, R (on the application of)AppellantThe Secretary of State for the Home DepartmentRespondentDate 2016-10-13
[43]Signed: The Honourable Mr Justice McCloskey President of the Upper Tribunal Immigration and Asylum Chamber[44]Dated: 11 October2016 (orally) 13 October 2016 (transcribed and approved)