Onyemekeihia v Minister for Justice and Equality

EMNireland

Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Nature of Proceedings:Appeal
Judgment Date/s:08 Dec 2023
Judge:O'Regan M
Category:Employment
Keywords:Discrimination (Direct), Discrimination (Indirect), Discrimination (Racial), Employee, Employment
URL:https://www.courts.ie/acc/alfresco/c891caf9-40a0-4272-8e58-6551c29e136d/2023_IEHC_697.pdf/pdf#view=fitH

Facts: Mr. Onyemekeihia was employed as a prison officer in Mountjoy Prison. He was subjected to constant racial abuse by some prisoners. He complained to his employer, the Irish Prison Service (IPS), however, he felt that their response was inadequate. He submitted that the Prison Rules 2007 were inadequate to address the issue at hand and sanctions were never implemented … Read More

Principles:When considering a claim of harassment under the Equality Acts 1998, as amended, a finding cannot be made that the approach of an employer to address racial harassment was on the one hand consistent and thorough and, on the other hand, was in need of revision and improvement.
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II v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 729
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:29 Oct 2019
Judge:Humphreys R
Category:Refugee Law
Keywords:Child (Separated), Discrimination (Direct), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/08ccbb41-7ed2-47cc-b904-f7422dbbe652/2019_IEHC_%20729_%201.pdf/pdf#view=fitH

Facts: The applicant was granted refugee status as a minor on 25 September 2014. In July 2018, when the applicant was aged 17, an application for family reunification in respect of her mother, father and sister was submitted by her social worker. In September 2018 the application was refused by the Minister for Justice on the basis that it had … Read More

Principles:Section 56(8) of the International Protection Act 2015 was not repugnant to the Constitution or incompatible with the European Convention on Human Rights.
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A and S v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 547
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:17 Jul 2019
Judge:Barrett M
Category:Refugee Law
Keywords:Discrimination (Direct), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Iraq and Afghanistan
URL:courts.ie/view/judgments/a1ff7c8a-9c39-4411-b49d-a0a316a83c36/69965e47-beb6-4eda-8ef4-4f8df5726dd1/2019_IEHC_547_1.pdf/pdf

Facts: The applicants were Iraqi and Afghan nationals who were granted refugee status in the State. They each subsequently applied for family reunification for their wives. The Minister for Justice refused the applications on the basis that section 56(9)(a) of the International Protection Act 2015 only provided for refugee family reunification for spouses where the marriage pre-dated the application for … Read More

Principles:The exclusion of post-flight marriages from the statutory right to family reunification in section 56(9)(a) of the International Protection Act 2015 is unconstitutional.
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RC v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 65
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:15 Feb 2019
Judge:Humphreys R
Category:Refugee Law
Keywords:Discrimination (Direct), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/bd8e4e01-f677-46fd-b565-affc6965ec4a/2019_IEHC_65_1.pdf/pdf#view=fitH

Facts: The applicant was a national of Afghanistan who was granted subsidiary protection in Ireland in 2016. He subsequently applied for family reunification for his wife whom he married in 2017. The Minister for Justice refused the application on the basis that section 56(9)(a) of the 2015 Act only provided for refugee family reunification for spouses where the marriage pre-dated … Read More

Principles:The exclusion of post-flight marriages from the statutory right to family reunification in section 56(9)(a) of the International Protection Act 2015 is not unlawful.
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ED v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:Supreme Court
Citation/s:[2016] IESC 77
Nature of Proceedings:Appeal
Judgment Date/s:21 Dec 2016
Judge:Clarke F.
Category:Refugee Law
Keywords:Asylum, Child, Discrimination (Direct), Discrimination (Indirect), Discrimination (Racial), Minor, Nationality (Ethnic), Persecution, Refugee, Refugee Law
Country of Origin:Serbia
URL:https://www.courts.ie/acc/alfresco/18079cc2-2bc5-4cbf-aeba-305bfade18c9/2016_IESC_77_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a child who applied for asylum on the basis of a well-founded fear of persecution if returned to Serbia on the basis of his Ashkali ethnicity. His application was rejected at first instance by the Refugee Applications Commissioner and on appeal to the Refugee Appeals Tribunal. Although it was accepted that the applicant would in all … Read More

Principles:

This decision establishes that discrimination can amount to persecution for the purposes of refugee status, especially where that discrimination was carried out by the State or condoned by the State by reason of lack of appropriate action. An overall assessment of the elements of discrimination is required in order to determine whether they cumulatively could be said to be sufficiently serious so as to amount to persecution.

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