NAS v James Nicholson (Acting as the Refugee Appeals Tribunal) & Anor

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Respondent/Defendant:James Nicholson (Acting as the Refugee Appeals Tribunal) & Anor
Court/s:High Court
Citation/s:[2006] IEHC 29
Judgment Date/s:07 Feb 2006
Judge:Herbert
Category:Refugee Law
Keywords:Dublin Convention, Dublin Regulation, Refugee, Refugee Law, Refugee Status, Transfer Order
URL:https://www.courts.ie/acc/alfresco/6f4ee374-a577-412c-bd11-71c9e7ed140d/2006_IEHC_29_1.pdf/pdf#view=fitH
References:Article 16(1)(c) of Council Regulation (EC) No. 343/2003 (the Dublin Regulation)

The applicant applied for asylum in Ireland after previously applying for asylum in the Netherlands. Ireland applied to the Netherlands to take the applicant back under Article 16(1)(c) of Council Regulation (EC) No. 343/2003 (the Dublin Regulation). The Netherlands agreed to take the applicant back under Article 16(1)(e) of the Regulation  and the Refugee Applications Commissioner decided that the applicant … Read More

Principles:

The Refugee Appeals Tribunal is restricted to consideration of Chapter III of the Dublin Regulation when dealing with appeals regarding transfer.

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EM v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2005] IEHC 403
Judgment Date/s:15 Nov 2005
Judge:Finlay Geoghegan
Category:Refugee Law
Keywords:Dublin Convention, Dublin Regulation, Refugee, Refugee Law, Refugee Status, Transfer Order
URL:https://www.courts.ie/acc/alfresco/ded53068-9c3a-4a28-b8b3-9659c9d630b9/2005_IEHC_403_1.pdf/pdf#view=fitH
References:Refugee Act 1996

The applicant applied for asylum having previously applied in the UK. The Minister made a transfer order against the applicant pursuant to Article 7 of the Refugee Act 1996 (Section 22) Order 2003 to allow the applicant be transferred to the UK. The applicant averred that she would be a suicide risk if the transfer went ahead. She sought to … Read More

Principles:

The Minister for Justice, Equality and Law Reform has discretion not to implement a transfer order made under article 7(1) of the Refugee Act 1996 (Section 22) Order 2003. The Minister is obliged as a matter of fair procedures to determine an applicant’s request not to implement a transfer order. The Minister is obliged to uphold an applicant’s right to life as guaranteed by Article 40.3.2 of the Constitution and as a consequence has an implicit power not to implement a transfer order where the protection of the life of an applicant is at issue.

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Y v Minister for Justice, Equality and Law Reform

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:Unreported
Judgment Date/s:14 Oct 2005
Judge:O’Neill
Category:Refugee Law
Keywords:Dublin Convention, Dublin Regulation, Refugee, Refugee Law, Refugee Status

The applicant applied for asylum having previously applied in Italy. The Refugee Applications Commissioner determined that Italy was the Member State responsible for examining his claim under Article 20(1)(c) of Council Regulation 343/2002. The applicant married a German national and withdrew his application for asylum. The applicant was subsequently detained on foot of the transfer order and the applicant sought … Read More

Principles:

The withdrawal of all outstanding applications for asylum in the Member States removes any “take back” responsibility under Council Regulation (EC) No. 343/2002. A transfer order is separable from its enforcement.

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DY v Minister for Justice, Equality and Law Reform & Ors

Respondent/Defendant:Minister for Justice, Equality and Law Reform & Ors
Court/s:High Court, Supreme Court
Citation/s:[2004] 1 ILRM 151
Judgment Date/s:18 Dec 2002
Judge:Finlay Geoghegan
Category:Refugee Law
Keywords:Dublin Convention, Dublin Regulation, Refugee, Refugee Law, Refugee Status
References:Refugee Act 1996

The applicant applied for asylum in Ireland having previously been refused asylum in Germany. The Refugee Applications Commissioner determined he should be returned to Germany pursuant to Section 22 of the Refugee Act 1996, the Dublin Convention (Implementation) Order 2000 and Article 10(1)(e) of the Dublin Convention. Article 10(1)(e) of the Dublin Convention provides, inter-alia, that Member States are obliged … Read More

Principles:

The Refugee Applications Commissioner had no jurisdiction pursuant to the Dublin Convention (Implementation) Order 2000 to transfer an asylum applicant to another Convention country.

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DIS v Minister for Justice, Equality and Law Reform and Ors

Respondent/Defendant:Minister for Justice, Equality and Law Reform and Ors
Court/s:High Court
Citation/s:[2002] 8 ICLMD 84
Judgment Date/s:07 May 2002
Judge:Smyth
Category:Refugee Law
Keywords:Dublin Convention, Dublin Regulation, Refugee, Refugee Law, Refugee Status

The applicant had a visa for entry into Germany and came to Ireland and applied for asylum. The Refugee Applications Commissioner decided that the provisions of the Dublin Convention applied. The applicant raised a number of issues. The applicant claimed that the Refugee Applications Commissioner should have conducted an interview prior to deciding that the Convention applie rather than making … Read More

Principles:

The decision of the Commissioner to transfer an applicant pursuant to Council Regulation (EC) No 343/2003 is extinguished in its effect when followed by a decision of the Tribunal. The Commissioner has discretion to decide whether an application should be transferred to a convention country for examination. Article 3 of the Dublin Convention confers a right, but not a duty, on Member States to examine claims for asylum.

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