UK - Court of Appeal, 25 February 2010, MK (Iran), R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 115
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What was at stake
EDAL summary. No liability in damages in EU Law under Art 16(1)(b) of the Dublin Regulation arose from the failure to promptly examine an application for asylum where the United Kingdom accepted responsibility for...
What the court decided
The Court of Appeal held that the delay in considering the applicant's asylum application had become unreasonable and unlawful under common law by July 2006. However, the applicant failed to prove that the delay caused a period of lucidity during which he could have effectively presented his case, and the evidence was insufficient to establish a deterioration in mental health caused by the delay.
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