A.C. v The International Protection Appeals Tribunal & ors

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Respondent/Defendant:International Protection Appeals Tribunal, Chief International Protection Officer, Minister for Justice, Ireland, and the Attorney General
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:12 Feb 2024
Judge:Hyland, N.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Asylum Seeker (Secondary Movement of), Dublin Regulation, Member State (Remain in the), Transfer Order
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/f5518126-801f-499a-a303-041dd2a48e4d/2024_IEHC_77.pdf/pdf#view=fitH https://www.courts.ie/acc/alfresco/19909f5d-cb67-4e57-b174-3cb5de60c82d/2024_IEHC_211.pdf/pdf#view=fitH
References:C-359, AHY v Minister for Justice

Facts: The applicant, an Algerian national, applied for international protection in Ireland. It was found that he had previously been in Spain. The International Protection Office (IPO) sent a take back request to Spain under the Dublin III Regulation and Spain accepted responsibility for his application. Upon being informed of this, the applicant’s solicitors made submissions to the Minister for … Read More

Principles:The process for applications made under Article 17(1), Dublin III Regulation was, at the time of this case, unclear and went against the need for a clear and prompt system for Dublin transfers. A decision made under Article 17(1) must issue at the same time as a transfer decision.
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MSM and NAS (a minor) v Refugee Appeals Tribunal, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

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Respondent/Defendant:Refugee Appeals Tribunal, the Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 237
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Mar 2015
Judge:Faherty J.
Category:Deportation
Keywords:Asylum, Deportation, Member State (Remain in the), Minor, Nationality, Protection (Subsidiary), Refugee, Refugee Law
Country of Origin:Somalia / Tanzania
URL:https://www.courts.ie/acc/alfresco/08ce8a40-8de1-4fca-a174-c97f11cbf4ad/2015_IEHC_237_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first applicant claimed to be a Somali national of the Bajuni tribe. She sought asylum in Ireland saying that she had suffered persecution on Chula Island in Somalia, which took the form of two attacks against her. She claimed to have left Chula after the first attack on her family and to have gone to Tanzania where an … Read More

Principles:

When assessing the nationality of an applicant for international protection, a protection decision-maker is entitled to have regard to information which reliably indicates that the applicant possesses has another identity and nationality and has not been candid in making the application. If it is proposed to treat the applicant has having a different nationality to the one claimed by him or her, the decision-maker should put the information which has prompted such a course of action to the applicant for comment.

Unless an applicant puts cogent evidence forward to explain how he or she appears to have a different nationality to the one claimed, and why it would be incorrect to treat him or her as having that nationality, the decision-maker does not have to give express reasons for rejecting such evidence. The decision-maker, having rejected the claimed nationality, does not have to prove that the applicant has a particular nationality.

The fact that a language analysis report may cast doubt on the proposal to treat the applicant as having a particular nationality is not decisive, particularly if it casts doubt on the claimed nationality. Such a report is merely one piece of evidence to be considered in the round.

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Wang (a minor) v Minister for Justice and Law Reform

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Respondent/Defendant:Minister for Justice and Law Reform
Court/s:High Court
Citation/s:[2012] IEHC 311
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Jul 2013
Judge:Cooke J
Category:EU Treaty Rights, Residence
Keywords:Adult, Child, Dependant, EU Treaty Rights, Family Formation, Family Member, Freedom of Movement (Right to), Member State (Remain in the), Minor, Non-EU National, Non-national, Residence, Residence Permit, Union Citizen
Country of Origin:China / Hungary
URL:https://www.courts.ie/acc/alfresco/86f5c09d-0e67-49c9-a8bd-7b4b05b39981/2012_IEHC_311_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The second applicant was a Chinese national who arrived in the State on a student visa in 2004. She met a Hungarian national in 2005 and they married in 2006. She was subsequently granted permission to remain in the State for a five-year period under the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 as the  wife … Read More

Principles:

It was not arguable that a parent could claim to be a dependent of a three year old EU citizen child and an adult could not be the dependent of a child. 

It was arguable that a parent might be considered a member of the household of a minor EU citizen and the term household was open to the interpretation that if one individual is an EU citizen all members of the group could be regarded as equal members of the household.

In applying the Chen principles and considering the question of self-sufficiency within those principles, it must be clear what test of self-sufficiency the Minister was applying. The Minister must reach a reasonable and proportionate conclusion in assessing an application as to whether the Chen conditions are met.

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AJ v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2013] IEHC 296
Nature of Proceedings:Judicial Review
Judgment Date/s:18 Jun 2013
Judge:Clark J.
Category:Residence
Keywords:Member State (Remain in the), Protection (Humanitarian), Refoulement, Residence
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/f8ce6b8e-0505-4809-88ed-3d981bef3226/2013_IEHC_296_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The first applicant, an Afghan national, sought to quash a positive decision granting him leave to remain in circumstances where he had not challenged a decision by the Minister for Justice to refuse visa applications made in respect of his family, who were living in Iran. The Minister had a general policy not to permit any person, whether related … Read More

Principles:

A person the subject of a grant of leave to remain will not necessarily be entitled to reasons why that grant was made, at least in circumstances where it is open to the High Court to infer from the evidence what those reasons were.

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