LK v International Protection Appeals Tribunal & ors

EMNireland

Respondent/Defendant:LK
Judgment Date/s:09 Oct 2024
Judge:Dunne, Charleton, Woulfe S., Hogan, G., Murray
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Asylum Applicant (Examination of an), Employment, Labour market access, Protection (International), Reception Conditions
Country of Origin:Georgia
URL:https://www.courts.ie/acc/alfresco/aaa6ed66-ae2f-4618-930a-ad4dcad8bb11/2024_IESC_42_.pdf/pdf#view=fitH

Facts: LK applied for international protection in Ireland in September 2019. A preliminary interview was scheduled two weeks after he applied for international protection, but he did not receive written notification of this date and was never contacted personally. Through his social worker, an interview was arranged for LK for 12 December 2019. He received a questionnaire, for which he … Read More

Principles:The insertion of delay “attributed in part” as a condition for refusing to grant a labour market access permission does not feature in the Directive. It is not acte clair that the condition is in compliance with EU law and therefore a preliminary reference was sent to the Court of Justice of the European Union.
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Irish Human Rights and Equality Commission v Minister for Children, Equality, Disability, Integration and Youth & anor

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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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L.A. (a minor suing by his mother and next friend, A.A.) & ors v International Protection Appeals Tribunal & ors

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Respondent/Defendant:The International Protection Appeals Tribunal, the Minister for Justice and Equality, Ireland, and the Attorney General
Court/s:Court of Appeal, High Court
Citation/s:[2024] IECA 133
Nature of Proceedings:Appeal
Judgment Date/s:29 May 2024
Judge:Power, A., Ní Raifeartaigh, Ú, Allen, S.
Category:Refugee Law
Keywords:Asylum Applicant, Child, Employment, Reception Conditions
URL:https://www.courts.ie/acc/alfresco/7fe7c809-1b10-427b-8734-a8c38d9f1e96/2024_IECA_133.pdf/pdf#view=fitH
References:NHV v Minister for Justice and Equality [2017]

Facts: The first applicant was a child, and the second and third applicants were his parents. His parents applied for international protection in Ireland before he was born. While their applications were being processed, they applied and obtained labour market access permissions. Their applications for international protection were refused before the child was born and their right of access to … Read More

Principles:Parents cannot derive a right by proxy to access the labour market from their child who is an applicant for international protection where they themselves are not applicants.
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S.A and R.J v Minister of Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General

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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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L.K. -v- International Protection Appeals Tribunal & Ors

EMNireland


L.K. -v- International Protection Appeals Tribunal & Ors
Respondent/Defendant:International Protection Appeals Tribunal, The Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2022] IEHC 441
Nature of Proceedings:Judicial Review
Judgment Date/s:26 Apr 2023
Judge:Heslin M., Ferriter C.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Asylum Applicant, Labour market access, Protection (Application for International), Protection (International), Reception Conditions
Country of Origin:Georgia
URL:https://www.courts.ie/acc/alfresco/153ff350-64ad-40e3-885f-c3783365ca98/2022_IEHC_441.pdf/pdf#view=fitH https://courts.ie/view/judgments/a8214e9c-ffea-41bc-9246-587b20791b2d/5b4865e6-b107-4c5d-aa1b-f1ffcacf72b4/2023_IEHC_210.pdf/pdf

Facts: The case concerned a Georgian national who applied for international protection at the IPO in September 2019. He completed the section 13 process, but not the section 15 process required to complete the lodging of his application. This was because he required a Georgian interpreter, and he was informed that he would be contacted when this could be arranged. … Read More

Principles:The introduction of delay attributable ‘in part’ to an applicant in regulation 11(4)(b) of the European Communities (Reception Conditions) Regulations 2018 as a reason for refusing labour market access is not foreseen in the recast Reception Conditions Directive. It dilutes the provision for labour market access and incorrectly transposes EU law.
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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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Landsberg and Breetzke v Road Safety Authority, the Minister for Transport, Tourism and Sport, and the Attorney General Ireland

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Landsberg and Breetzke v the Road Safety Authority and others
Respondent/Defendant:Road Safety Authority, the Minister for Transport, Tourism and Sport, Ireland and the Attorney General .
Court/s:High Court
Citation/s:[2021] IEHC 748
Nature of Proceedings:Judicial review
Judgment Date/s:05 Nov 2021
Judge:Heslin M
Category:International protection
Keywords:Asylum, Employment, Reception Conditions, Usual Residence
Country of Origin:South Africa
URL:https://www.courts.ie/acc/alfresco/95f13571-e20a-499b-8914-a7bbe1af4081/2021_IEHC_748.pdf/pdf#view=fitH

Facts: The applicants were two South African nationals who had applied for international protection in Ireland. They applied to the National Driving Licence Service (NDLS) to exchange their South African driving licences for Irish driving licences. The applicants averred that they required driving licences to access the labour market and bring their child to school. Regulation 12 of the Road … Read More

Principles:Normal residence for the purposes of the Road Traffic (Licencing of Drivers) Regulations 2006 (SI No. 537/2006), as amended, can be understood to include the residency of international protection applicants in the State.
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KS and MHK v International Protection Appeals Tribunal, the Minister for Justice and Equality and the Advocate General and RAT and DS v Minister for Justice and Equality (Joined Cases C-322/19 and C-385/19)

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KS and others v International Protection Appeals Tribunal and Minister for Justice and Equality and others
Respondent/Defendant:Minister for Justice and Equality, Advocate General and the International Protection Appeals Tribunal
Court/s:Court of Justice of the European Union (CJEU)
Citation/s:ECLI:EU:C:2021:11
Nature of Proceedings:Preliminary Reference
Judgment Date/s:14 Jan 2021
Judge:Piçarra N (Rapporteur)
Category:Refugee Law
Keywords:Asylum, Common European Asylum System (CEAS), Dublin Regulation, Employment, Reception Conditions, Refugee Law
Country of Origin:Pakistan, Bangladesh, Iraq
URL:http://curia.europa.eu/juris/document/document.jsf?text=&docid=236427&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=1675215

Facts: KS, MHK, RAT and DS applied for international protection in Ireland between 2015 and 2018. They were subsequently issued with transfer decisions to other Member States pursuant to the Dublin III Regulation 604/2013, which they appealed. In the interim, all four applicants had been refused permission to access the labour market due to the exclusion of persons in Dublin … Read More

Principles:-          Where a national court is interpreting provisions of the recast Reception Conditions Directive, account must be taken of the recast Asylum Procedures Directive, even where the Member State has not opted into that legislation.
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