Forced Returns to Italy

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The case of R (Mahlu) v SSHD (CO/11265/2011) involved an asylum applicant challenging the Secretary of State’s decision to remove him to Italy under the Dublin Regulations.

Dublin II Regulations allow EU countries to return asylum seekers back to Italy (or any other European Country) if that is the place they launched their first asylum application.

The quality and conditions of the asylum process are subject to a Court of Appeal hearing which is due to take place in September 2012. The court sided with Mahlu and granted a stay against his removal to Italy pending the decision of the Court of Appeal. The court also decided that this decision can be cited in any other cases in which the Secretary of State is attempting removal to Italy.

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