UK - Upper Tribunal rules against Home Office attempt to postpone hearing of Calais unaccompanied minors, 28 March 2017

Tuesday, March 28, 2017

On 28 March 2017, the UK Upper Tribunal (Immigration and Asylum Chamber) ruled against the Home Office’s attempt to stay the proceedings of two unaccompanied minors who are currently in Calais and have been rejected reunification with their family members in the UK without being given substantial reasons for this rejection. The Home Office attempted to stay these proceedings until a decision is taken by the Administrative Court in case Citizens UK v. SSHD (CO/5255/2016), since they all relate to alleged systematic failings over reuniting unaccompanied minors in Calais with their family members in the UK.

However, although recognising that it would be “more convenient, less expensive and more comfortable” for the Secretary of State to stay the case of AO and AM, this intention is to be clearly outweighed by the individual right of the claimants to access a court, particularly in view of their vulnerable situation as unaccompanied, isolated teenagers suffering from major psychological trauma, which calls for an urgent judicial decision.

The ELENA Weekly Legal Update would like to thank Mark Scott of Bhatt Murphy Solicitors for informing us of this case. 

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Dublin Transfer
Family member
Family unity (right to)
Unaccompanied minor
Vulnerable person