Facts:The first named applicant was a Ugandan national who arrived in Ireland in 2010 and whose son, the second named applicant, was born in Ireland in 2011. She made an application for asylum on arrival in the State. She was initially given accommodation in Dublin but was moved to Galway shortly thereafter. She was living there for more than three … Read More
CA and TA (a minor) v Minister for Justice and Others
Respondent/Defendant: | Minister for Justice and Equality, Minister for Social Protection, Attorney General and Ireland |
Court/s: | High Court |
Nature of Proceedings: | Judicial Review |
Judgment Date/s: | 14 Nov 2014 |
Judge: | MacEochaidh J. |
Category: | Refugee Law |
Keywords: | Asylum, Family Life (Right to), Minor, Reception Centre, Refugee |
Country of Origin: | Nigeria |
URL: | http://www.courts.ie/Judgments.nsf/0/9816BD5E4D1003F780257DB00040BA1D |
Geographic Focus: | Ireland |
Principles: | Where an applicant for asylum who is residing in direct provision makes allegations in judicial review proceedings that residing thus has caused him or her harm, if such allegations are denied by the respondents, a court will not be able to resolve the evidential conflict arising where there has been no cross-examination of witnesses or any evidence from persons appropriately qualified to give opinions as to whether harm had been suffered by the applicant, as alleged. Rules of accommodation centres which are part of the direct provision system must comply with article 8 ECHR and analogous constitutional provisions on the right to respect for private and family life. The Charter of Fundamental Rights does not apply to residence in the direct provision system. It is not a form of implementation of Union law and therefore, in accordance with Article 51 of the Charter, does not govern the State’s actions in the area. The Direct Provision Allowance, whereby cash payments are made to residents in the direct provision system, is not ultra vires the Social Welfare Consolidation Act 2005 or otherwise unlawful. |