AM v Minister for Enterprise, Trade and Employment & ors

EMNireland

Respondent/Defendant:Minister for Enterprise, Trade and Employment, Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2024] IEHC 660
Nature of Proceedings:Judicial Review
Judgment Date/s:20 Nov 2024
Judge:O’Donnell B.
Category:Refugee Law
Keywords:Asylum Applicant, Employer, Employment, Equal Treatment (Principle of), Labour market access, Reception Conditions (Material)
URL:https://www.courts.ie/acc/alfresco/bb0aaab1-149e-4eb8-952d-578c4d6b3267/2024_IEHC_660.pdf/pdf#view=fitH

Facts: The applicant was an international protection applicant in Ireland with a professional background in pharmacy and healthcare management. The applicant applied for and was granted a labour market access permission. Under Regulation 11(9)(a) of the European Communities (Reception Conditions) Regulations 2018, international protection applicants are not permitted to enter employment in the public sector. The applicant alleged that this … Read More

Principles:The restriction on access to employment in the public sector for international protection applicants is sufficiently justified and proportionate to the public interest.
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Irish Human Rights and Equality Commission v Minister for Children, Equality, Disability, Integration and Youth & anor

EMNireland

Respondent/Defendant:The Minister for Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2024] IEHC 493
Nature of Proceedings:Judicial review (section 41, Irish Human Rights and Equality Act 2014)
Judgment Date/s:01 Aug 2024
Judge:O’Donnell, B
Category:Refugee Law
Keywords:Accommodation Centre, Asylum, Asylum (Application for), Asylum Applicant (Secondary Movement of), Homelessness, Reception Conditions, Reception Conditions (Material), Vulnerable person
URL:https://www.courts.ie/acc/alfresco/173c9396-0529-4a34-9281-fd4441e5c1e6/2024_IEHC_493.pdf/pdf#view=fitH
References:S.Y. v Minister for Children, Equality, Disability, Integration and Youth & ors [2023] IEHC 187

Facts: This case concerned difficulties faced by the State in providing accommodation to certain single male applicants for international protection in the period between late 2023 and May 2024. As the State was unable to provide accommodation, it sought to provide for the basic needs of applicants through an increased daily expenses allowance of 75 euros, and through the provision … Read More

Principles:Applicants for international protection have a well-established fundamental right to human dignity, including by being provided with an adequate standard of living that guarantees their subsistence and protects their physical and mental health where they do not have sufficient means to provide for themselves. A failure to provide for the basic needs of applicants was found to amount to a breach of their right to human dignity.
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S.A and R.J v Minister of Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General

EMNireland


S.A and R.J v Minister of Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General
Respondent/Defendant:Minister of Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:14 Dec 2023
Judge:Ferriter C
Category:Asylum
Keywords:Asylum, Reception Conditions, Reception Conditions (Material)
Country of Origin:Afghanistan, India
URL:https://www.courts.ie/acc/alfresco/1ae1aec7-8040-4e6f-a0a6-97ea9e296855/2023_IEHC_717.pdf/pdf#view=fitH

Facts: SA and RJ sought international protection in Ireland in mid-February and mid-March 2023. On lodging their applications, they were not provided with accommodation and they each spent over two months homeless. They were provided with vouchers and charities provided food and access to sanitary facilities. At the end of March, the Daily Expenses Allowance (€38.80 for an adult) was … Read More

Principles:The applicability, parameters and scope of the defence of force majeure to a claim for Frankovich damages in the context of the Reception Conditions Directive and the provision of accommodation to applicants is unclear under EU law and therefore questions were referred to the CJEU.
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S.Y. v Minister for Children, Equality, Disability, Integration and Youth & ors

EMNireland


S.Y. v Minister for Children, Equality, Disability, Integration and Youth & ors
Respondent/Defendant:The Minister for Children, Equality, Disability, Integration and Youth, Ireland, the Attorney General, the Child and Family Agency
Court/s:High Court
Citation/s:[2023] IEHC 187
Nature of Proceedings:Judicial Review
Judgment Date/s:21 Apr 2023
Judge: Meenan C.
Category:Asylum, Refugee Law
Keywords:Charter of Fundamental Rights of the European Union, Child, Minor, Protection (Application for International), Reception Conditions, Reception Conditions (Material)
Country of Origin:Afghanistan
URL:https://courts.ie/acc/alfresco/599db9da-fb81-48fc-9cfb-cbbdfa313df5/2023_IEHC_187.pdf/pdf#view=fitH

Facts: The appellant was a 17-year-old Afghan national who applied for international protection in Ireland. He did not have documents to prove his age when he applied for international protection, and it was believed by authorities that he was an adult. When he applied, he was informed that there was no accommodation available for international protection applicants. He was given … Read More

Principles: Failure to provide an applicant with material reception conditions is unlawful under the European Union (Reception Conditions) Regulations 2018 and such a failure is a breach of the right to human dignity under Article 1 CFREU.
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A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)

EMNireland


A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)
Respondent/Defendant:International Protection Appeals Tribunal
Citation/s:[2023] IEHC 141
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Mar 2023
Judge:Simons, G.
Category:Asylum, Refugee Law
Keywords:Asylum Applicant, Child, Child Labour, Common European Asylum System (CEAS), Family Member, Minor, Reception Conditions, Reception Conditions (Material), Regularisation
URL:https://courts.ie/view/judgments/a6ff02c1-775d-46fd-b3d7-e4c89cf081b2/3dfbcb87-96e0-4360-a374-0c4447b6a4bd/2023_IEHC_141.pdf/pdf

Facts: The claimants were two parents and their child, who was under the age of two. The parents previously applied for international protection and their applications were unsuccessful. They were then subject to deportation orders.   Their child was born in April 2021 and an application was made for international protection in respect of the child. The parents contended that they … Read More

Principles:An infant child does not have a right to work in the Irish State, not only under the recast Reception Conditions Directive, but under national law. Thus the parents could not vicariously exercise a right that the child did not hold. The parents also could not derive a right to work from the child applicant.
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