Refugees: Children

(asked on 5th December 2018) - View Source

Question to the Home Office:

To ask the Secretary of State for the Home Department, with reference to the Court of Appeal ruling of 3 October 2018, when his Department plans to provide unaccompanied minors refused entry to the UK under the Dubs scheme full explanations for that refusal.


Answered by
Caroline Nokes Portrait
Caroline Nokes
This question was answered on 12th December 2018

In the case of Help Refugees v SSHD, handed down on the 3 October 2018, the Court of Appeal made a finding that the provision of inadequate reasons to children refused transfer to the UK under section 67 of the Immigration Act 2016 breached the common law duty of fairness and was therefore unlawful. The cohort of children impacted by this judgment is limited to those who were considered for transfer to the UK during the clear-ance operation regarding the Calais camp in 2016 the judgment is not reflective of the operation of the section 67 scheme generally.


The relief granted by the Court of Appeal in its judgment is declaratory, the court did not identify or mandate a particular course of action to be taken in response to its findings. The response to the judgment is currently a matter of active consideration.

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