United Kingdom: Court of Appeal (England and Wales)

The Court of Appeal consists of two Divisions: the Civil Division hears appeals from the High Court and from the County Courts (note that the County Court appeals go direct to the Court of Appeal); the Criminal Division hears appeals from the Crown Court. Both Divisions may refer cases involving points of law to the House of Lords. Website: www.hmcourts-service.gov.uk

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The Queen on the application of:1) Hemmati; 2)Khalili;3) Abdulkadir; 4) Mohammed (Appellants) - and - The Secretary of State for the Home Department (Respondent) and Between The Queen on the application of SS (Respondent) -and- The Secretary of State for the Home Department (Appellant) The principal issues in the appeals concern the meaning and effect of Article 2(n) and Article 28 of Dublin III ("Article 2(n)" and "Article 28", respectively), which relate to the detention of an individual for the purpose of transfer to another Member State under that Regulation. Mr Hemmati and Mr Khalili also raise a distinct issue regarding whether Garnham J was right to hold that their detention was lawful by application of the usual principles of domestic law first adumbrated in Re Hardial Singh [1984] 1 WLR 704 and rehearsed in later authorities such as R (I) v Secretary of State for the Home Department [2002] EWCA Civ 888 and Lumba v Secretary of State for the Home Department [2012] 1 AC 245 ("the Hardial Singh principles"). 4 October 2018 \| Judicial Body: United Kingdom: Court of Appeal (England and Wales) \| Legal Instrument: 2013 Dublin III Regulation (EU) \| Topic(s): Arbitrary arrest and detention - Prison or detention conditions \| Countries: Afghanistan - Austria - Bulgaria - Iran, Islamic Republic of - Iraq - United Kingdom of Great Britain and Northern Ireland
HK (Sudan) v Secretary of State for the Home Department 3 November 2014 \| Judicial Body: United Kingdom: Court of Appeal (England and Wales) \| Topic(s): Appeal / Right to appeal - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions \| Countries: Hungary - Sudan - United Kingdom of Great Britain and Northern Ireland
Detention Action, R (on the Application of) v Secretary of State for the Home Department 9 October 2014 \| Judicial Body: United Kingdom: Court of Appeal (England and Wales) \| Topic(s): Immigration Detention - Prison or detention conditions - Reception - Refugee / Asylum law \| Countries: United Kingdom of Great Britain and Northern Ireland
Adam v. Secretary of State for the Home Department On appeal from the Immigration Appeal Tribunal. 4 March 2003 \| Judicial Body: United Kingdom: Court of Appeal (England and Wales) \| Topic(s): Country of origin information (COI) - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Prison or detention conditions \| Countries: Sudan - United Kingdom of Great Britain and Northern Ireland

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