CA and TA (a minor) v Minister for Justice and Others

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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

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

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 system does not need to have a legislative basis and is lawfully established by an act of the executive.

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.

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