The applicant (AR), an Iranian national, arrived in Belgium in 2003 and made an application for asylum. That application was rejected in 2005. He arrived in the United Kingdom in 2011 and applied again for asylum. The UK invoked the Dublin II Regulation and requested that Belgium takes back AR. Belgium replied asking the UK to confirm that AR had not left the territory of the Member States in accordance with Article 16(3) of the Dublin II regulation (and thereby falling outside the scope of Dublin II regulation). AR claimed that he had in fact left Belgium and returned to Iran before the decision rejecting his asylum application had been made in 2005. That claim was deemed not to be credible and a letter to that effective was sent to the Belgian authorities. Belgium then accepted responsibility for the processing of his asylum claim. 

The Charter is principally invoked with refernce to its Article 41 on the right to be heard before a decision is made adversely affecting an individual. While there is no suggestion that the Charter itself does not apply, the court held that the Dublin II Regulation does not create procedural rights for individuals. There is no consideration given to the connecting EU law factor.

• Court of Appeal, R (MK (Iran)) v Secretary of State for the Home Department [2010] EWCA Civ 115 (http://www.refworld.org/docid/4b87e4562.html)