‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’
WLR Daily, 19th December 2014
Source: www.iclr.co.uk