MS (A child) v The Secretary of State for the Home Department [2019] EWCA Civ 1340

Court of Appeal (Civil Division) · 2019-07-30 · Immigration · cited by 2 · influence score 13/100 Appeal Dismissed

Is it still good law? No negative treatment found in this dataset — it has been cited without being doubted or overruled here.

How to cite

Neutral citation format (OSCOLA). Always confirm against the official judgment.

Treatment

Cited · 1Distinguished · 1

Cited — Secretary of State for the Home Department v FWF & Anor, R (On the Application Of) 2021-01-28
“…The Claimant in R (MS) v Secretary of State for the Home Department [2019] EWCA (Civ) 1340 was an Afghan national who claimed asylum in France when, he claimed, he was a minor. He also claimed that his brother, MAS, lived in the United Kingdom. The S…”
Distinguished — Secretary of State for the Home Department v FWF & Anor, R (On the Application Of) 2021-01-28
“…tside the Dublin III framework. It is only in that context that there is an exceptionality test. Only one case, MS v Secretary of State for the Home Department [2019] EWCA (Civ) 1340 concerns decisions taken under Dublin III and this situation is clearly distinguishable.…”