Amin Wadria v Minister for Justice, Equality and Law Reform

The Applicant was a national of Algeria who came to Ireland and claimed asylum in August 2005. He did not disclose that he had been refused asylum in Britain in 2003. When this fact was discovered, a request was made to the UK to accept his return pursuant to Article 16(1) of the Dublin Regulation. That request was accepted the Refugee Applications Commissioner determined that Mr. Wadria should be transferred to the UK. A transfer order to this effect was made by the Minister pursuant to Article 7 of the Refugee Act 1996 (s. 22) Order 2003 [which gives the Minister power to make transfer orders] in October 2005. The Commissioner’s determination was appealed unsuccessfully to the Refugee Appeals Tribunal. Mr. Wadria’s lawyers asked the Minister not to transfer Mr. Wadria on the grounds of his ill-health – it was claimed that he suffered extreme psychological problems as a result of trauma caused by torture – but these representations were rejected by the Minister. The Minister’s decision was challenged by way of judicial review, but was settled between the parties. The Minister agreed to consider further submissions by Mr. Wadria’s lawyers. These submissions were considered but the transfer order made in October 2005 was confirmed in August 2009. Mr. Wadria sought the leave of the High Court to challenge the transfer order and the decision to confirm it on the grounds a) that the transfer order had lapsed after six months and b) that the Minister had failed adequately to consider the medical evidence submitted on his behalf. Leave was granted on the grounds that he had raised sufficient arguable doubts about the continuing enforceability of the transfer order having regard to Article 20 of the Dublin Regulation, which deals with the time limits in which transfer orders should be executed.