Anisimova v Minister for Justice

Respondent/Defendant:Minister for Justice
Court/s:High Court, Supreme Court
Citation/s:[1998] 1 IR 186, Unreported
Judgment Date/s:18 Feb 1997
Judge:Morris
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status, Third Country (Safe)
Country of Origin:Russia

The applicant, a Russian national, left Moldova and travelled to the UK on a six-month visa. After landing in the UK she travelled immediately to Ireland where she claimed asylum. The Department of Justice argued that she should be deported to the UK unless she left Ireland voluntarily.

The High Court found that the State is entitled to return a person who intends to apply for asylum in Ireland to the first safe country they resided in after fleeing their home provided that the “safe country” is willing and able to hear the person’s asylum application. The Supreme Court upheld this finding on appeal.

Principles:Ireland is entitled to return a person who intends to apply for asylum in Ireland to the first safe country they resided in after fleeing their home, provided that the “safe country” is willing and able to hear the person’s asylum application.
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