RG v International Protection Appeals Tribunal & ors

EMNireland


RG v International Protection Appeals Tribunal & ors
Respondent/Defendant:International Protection Appeals Tribunal, Chief International Protection Officer, Minister for Justice, Ireland, and Attorney General
Court/s:High Court
Judgment Date/s:19 Dec 2023
Judge:Hyland N.
Category:Asylum
Keywords:Asylum, Dublin Regulation, Transfer Order
Country of Origin:Georgia
URL:https://www.courts.ie/acc/alfresco/8d2a1d66-9f1e-4000-94a0-51bedbd0e511/2023_IEHC_742.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: RG was a Georgian man who sought international protection in Ireland. It was found that he had previously applied for international protection in France. A transfer decision was issued under the Dublin III Regulation 604/2013. He applied to the High Court seeking an injunction restraining his transfer or to stay on the transfer decision, pending ongoing judicial review proceedings. … Read More

Principles:Articles 27 and 29 of the Dublin III Regulation and the time limits set therein are a self-contained regime. While the first remedy must provide suspensive effect, further remedies, such as judicial review, do not.
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S.A and R.J v Minister of Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General

EMNireland


S.A and R.J v Minister of Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General
Respondent/Defendant:Minister of Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:14 Dec 2023
Judge:Ferriter C
Category:Asylum
Keywords:Asylum, Reception Conditions, Reception Conditions (Material)
Country of Origin:Afghanistan, India
URL:https://www.courts.ie/acc/alfresco/1ae1aec7-8040-4e6f-a0a6-97ea9e296855/2023_IEHC_717.pdf/pdf#view=fitH

Facts: SA and RJ sought international protection in Ireland in mid-February and mid-March 2023. On lodging their applications, they were not provided with accommodation and they each spent over two months homeless. They were provided with vouchers and charities provided food and access to sanitary facilities. At the end of March, the Daily Expenses Allowance (€38.80 for an adult) was … Read More

Principles:The applicability, parameters and scope of the defence of force majeure to a claim for Frankovich damages in the context of the Reception Conditions Directive and the provision of accommodation to applicants is unclear under EU law and therefore questions were referred to the CJEU.
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T (Russian Federation) v International Protection Appeals Tribunal

EMNireland


T (Russian Federation) v International Protection Appeals Tribunal
Respondent/Defendant:International Protection Appeals Tribunal
Court/s:High Court
Citation/s:[2023] IEHC 271
Nature of Proceedings:Appeal
Judgment Date/s:25 May 2023
Judge:Simons G
Category:Asylum
Keywords:Country of Origin Information, Exclusion Clauses, Persecution, Refugee Law, Refugee Status
Country of Origin:Russia
URL:https://www.courts.ie/view/judgments/0bf80c1a-a406-4ddb-92e4-27f7e8e6cd53/209fff5c-8269-41cb-a5ea-68555cd35fe7/2023_IEHC_271.pdf/pdf

Facts: The applicant was an adult male from the Caucasus region and was Muslim. He applied for international protection in Ireland on the basis that he was being targeted by the Federal Security Service (“FSB”) of the Russian Federation and that the FSB had made false accusations of terrorism against him because of his failure to co-operate with them. In … Read More

Principles:In order to make a valid finding that a person is excluded from refugee status there must be an individualised assessment of the nature of the alleged conduct and the applicant’s responsibility for same. Decision makers must distinguish between various stages of a criminal procedure when assessing what weight should be given to documents such as search warrants.
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S.Y. v Minister for Children, Equality, Disability, Integration and Youth & ors

EMNireland


S.Y. v Minister for Children, Equality, Disability, Integration and Youth & ors
Respondent/Defendant:The Minister for Children, Equality, Disability, Integration and Youth, Ireland, the Attorney General, the Child and Family Agency
Court/s:High Court
Citation/s:[2023] IEHC 187
Nature of Proceedings:Judicial Review
Judgment Date/s:21 Apr 2023
Judge: Meenan C.
Category:Asylum, Refugee Law
Keywords:Charter of Fundamental Rights of the European Union, Child, Minor, Protection (Application for International), Reception Conditions, Reception Conditions (Material)
Country of Origin:Afghanistan
URL:https://courts.ie/acc/alfresco/599db9da-fb81-48fc-9cfb-cbbdfa313df5/2023_IEHC_187.pdf/pdf#view=fitH

Facts: The appellant was a 17-year-old Afghan national who applied for international protection in Ireland. He did not have documents to prove his age when he applied for international protection, and it was believed by authorities that he was an adult. When he applied, he was informed that there was no accommodation available for international protection applicants. He was given … Read More

Principles: Failure to provide an applicant with material reception conditions is unlawful under the European Union (Reception Conditions) Regulations 2018 and such a failure is a breach of the right to human dignity under Article 1 CFREU.
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A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)

EMNireland


A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)
Respondent/Defendant:International Protection Appeals Tribunal
Citation/s:[2023] IEHC 141
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Mar 2023
Judge:Simons, G.
Category:Asylum, Refugee Law
Keywords:Asylum Applicant, Child, Child Labour, Common European Asylum System (CEAS), Family Member, Minor, Reception Conditions, Reception Conditions (Material), Regularisation
URL:https://courts.ie/view/judgments/a6ff02c1-775d-46fd-b3d7-e4c89cf081b2/3dfbcb87-96e0-4360-a374-0c4447b6a4bd/2023_IEHC_141.pdf/pdf

Facts: The claimants were two parents and their child, who was under the age of two. The parents previously applied for international protection and their applications were unsuccessful. They were then subject to deportation orders.   Their child was born in April 2021 and an application was made for international protection in respect of the child. The parents contended that they … Read More

Principles:An infant child does not have a right to work in the Irish State, not only under the recast Reception Conditions Directive, but under national law. Thus the parents could not vicariously exercise a right that the child did not hold. The parents also could not derive a right to work from the child applicant.
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A.S.A. v Minister for Justice and Equality

EMNireland


ASA v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court, Supreme Court
Nature of Proceedings:Judicial Review
Judgment Date/s:24 Nov 2022
Judge: MacMenamin J.
Category:Asylum, Refugee Law
Keywords:Asylum Applicant, Carltona Principle, Deportation, Leave to Remain, Protection (International), Return
Country of Origin:Nigeria
URL:www.courts.ie/view/judgments/b76af74a-fd59-4100-9a63-31b836b1eeed/de05c437-f17e-47ad-a7d9-893981bb5f42/2022_IESC_49.pdf/pdf

 Facts: The appellant was a national of Nigeria. He submitted an application for international protection in 2016, which was unsuccessful. The appellant was informed that an International Protection Officer (IPO) had recommended he not be granted refugee status or subsidiary protection pursuant to section 39 of the International Protection Act 2015. He was subsequently informed that the Minister for Justice … Read More

Principles:There is no conflict of roles or functions exists between an international protection officer in their role in the international protection procedure, and an officer of the Minister in their role in permission to remain decisions under section 49 of the 2015 Act.
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H.A. v Minister for Justice

EMNireland


H.A. v Minister for Justice
Respondent/Defendant:H.A.
Court/s:Court of Appeal
Citation/s:[2022] IECA 166
Nature of Proceedings:Judicial Review
Judgment Date/s:22 Jul 2022
Judge: Donnelly A
Category:Asylum, Family Reunification, Refugee Law
Keywords:Asylum, Child, Family Reunification, Family Unity (Right to), Minor
Country of Origin:Somalia
URL:https://courts.ie/acc/alfresco/bc913491-38f9-446a-ba0f-6324d8b0c8ad/2022_IECA_166.pdf/pdf#view=fitH

 Facts: The respondent was a national of Somalia who was granted refugee status in Ireland. She applied for family reunification with her niece and nephew under section 56 of the International Protection Act 2015. Her niece and nephew are orphans and she had accepted responsibility for them. A ‘Declaration of Responsibility’ from Somalia was submitted in this regard.  The application … Read More

Principles:In a decision on a family reunification application, the Minister must consider evidence submitted as regards the relationship of a parent to the child, in this case, a Declaration of Responsibility. This should be referenced in the decision issued by the decision maker.
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