MT (Safe Third Country - HR- Germany) Germany CG  UKIAT 00130
Date of hearing: 29th October 2003
Date Determination notified: 5 November 2003
|Secretary of State for the Home Department||RESPONDENT|
"You have applied for asylum in the United Kingdom on the grounds that you have a well-founded fear of persecution in Turkey for reasons of race, religion, nationality, membership of a particular social group or political opinion.
However, Turkey is not the only country to which you can be removed. Under the provisions of the Convention for Determining the State Responsible for Examining Applications for Asylum Lodged in One of the Member States of the European Community (the Dublin Convention), the authorities in Germany have accepted that Germany is the state responsible for examining your application for asylum under Article 10(1)(e). You are, under paragraph 8(1)(c) of Schedule 2 of the Immigration Act 1971 returnable to Germany which is a signatory to the 1951 United Nations Convention relating to the status of refugees."
Either accompanying that letter or later produced is a document apparently in German, which Mr Harris says he cannot understand.
"15. Protection of claimants from removal or deportation
(1) During the period beginning when a person makes a claim for asylum and ending when the Secretary of State gives him notice of the decision on the claim, he may not be removed from or required to leave the United Kingdom.
(4) This section is to be treated as having come into force on 26th July 1993.
11. Removal of asylum claimants under standing arrangements with member States
(2) Nothing in section 15 prevents a person who has made a claim for asylum (the Claimant) from being removed from the United Kingdom to a member state if:
(a) the Secretary of State has certified that:
(i) the member state has accepted that under standing arrangements it is the responsible state in relation to the Claimant's claim for asylum; and
(ii) in his opinion the Claimant is not a national or citizen of the member state to which he has been sent.
(b) the certificate has not been set aside on an appeal under section 65."
C M G OCKELTON