“…Dublin Regulation to be displaced by article 8 considerations. He endorsed the view of Laws LJ in CK (Afghanistan) v Secretary of State for the Home Department [2016] EWCA (Civ) 166 that only ‘an especially compelling case under article 8’ would displace the procedures under Dublin, because the existence of that regime ‘has a profound impa…”
“…mit persons to its territory for family reunification (see [64]-[65]). Drawing on observations of Laws LJ in R (CK) v Secretary of State for the HomeDepartment [2016] EWCA Civ 166, he continued to say (at [65]) that none of these earlier cases dealt with the relationship between Dublin III and article 8, which exist side-by-side, the iss…”
“…ticle 8. However, there may be a violation in limited circumstances (see paragraphs 39 and 40 below). Beatson LJ cited this Court in R (CK (Afghanistan) v SSHD [2016] EWCA Civ 166 at [31] where Laws LJ held that an asylum claimant was only able to rely on Article 8 to challenge a decision to remove him under Dublin II if “an especially c…”