Ejerenwa v Governor of Cloverhill Prison

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Respondent/Defendant:Governor of Cloverhill Prison
Court/s:Supreme Court
Citation/s:2011 IESC 41, 28th October 2011, Unreported
Nature of Proceedings:Article 40.4.2 Enquiry
Judgment Date/s:28 Oct 2011
Judge:Denham C.J.
Category:Deportation, Detention
Keywords:Asylum Seeker, Border Crossing, Deportation, Detainee, Detention, Entry (Illegal), Nationality, Non-EU National, Non-national, Refoulement, Refoulement (Non-), Removal, Removal Order, Third-Country National, Third-Country national found to be illegally present
Country of Origin:Contested
URL:https://www.courts.ie/acc/alfresco/e9112918-ca1e-4951-b432-19ca4e38ba69/2011_IESC_41_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

This case involved an appeal to the Supreme Court in respect of an application brought under Article 40.4.2 of the Constitution of Ireland. The High Court had found that the Applicant’s detention was in accordance with law. The Applicant appealed this to the Supreme Court. On the evening of 1 August 2011, Gardai stopped a bus which had crossed the … Read More

Principles:
  1. A detention order should contain clear information on its face as to the basis of its jurisdiction. In respect of s. 5(2)(a) of the Immigration Act 2003, in particular, it is necessary for a detention order to state on its face which provision or provisions of s. 5(1) of that Act apply.
  2. A warrant of detention is not required to make statements of law, and it is not necessary for a detention order to show on its face the time permitted for detention, where the period permitted for detention is a matter of general law and/or provided by statute.
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FGW v Refugee Appeals Tribunal & Ors

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Respondent/Defendant:Refugee Appeals Tribunal & Ors
Court/s:High Court
Citation/s:[2011] IEHC 205, 5th May 2011, Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:05 May 2011
Judge:Cooke J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Asylum application (Examination of an), Asylum Seeker, Child, Country of Origin, Minor, Protection (Application for International), Refugee
Country of Origin:Liberia; Ivory Coast.
URL:https://www.courts.ie/acc/alfresco/526d84ca-db74-4d85-98c2-dc0038d65e74/2011_IEHC_205_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

The Applicant was granted leave to seek to quash the decision of the Refugee Appeals Tribunal affirming a decision of the Refugee Applications Commissioner recommending against the applicants being declared refugees. The applicants were a mother and daughter with different countries of origin. The mother was born in Liberia, and the daughter was born in Ivory Coast. The mother’s claim … Read More

Principles:
  1. Regulation 5(2) of the 2006 Regulations provides that evidence of previous serious harm is to be regarded as a “serious indication” – not as conclusive proof – of an applicant’s well founded fear unless there are good reasons to consider that such harm will not be repeated.
  2. Where there are two applicants for asylum who are dealt with together, it is incumbent on the decision maker to state clearly, however briefly, why the claim of each applicant is rejected.
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AW v Minister for Justice, Equality and Law Reform and Anor

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Respondent/Defendant:A.W
Court/s:High Court
Citation/s:[2010] IEHC 258
Judgment Date/s:02 Jul 2010
Judge:Cooke J
Category:Refugee Law
Keywords:Asylum, Asylum Seeker, Dublin Regulation, Refugee, Transfer Order
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/7364af66-4ebd-4b47-8495-c78983375c05/2010_IEHC_258_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

A.W., a national of Pakistan, applied ex parte for an interim injunction to restrain his transfer under to the UK under the Dublin Regulation. He had applied for asylum in Ireland but it was subsequently discovered that he had held a visa issued by the UK in September 2008 for two years. The UK acceded to Ireland’s request to take … Read More

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