FOM v Minister for Justice & anor; KE v International Protection Appeals Tribunal & ors

EMNireland

Respondent/Defendant:Minister for Justice, Ireland, the Attorney General and the International Protection Appeals Tribunal
Court/s:Court of Appeal
Citation/s:[2025] IECA 43
Nature of Proceedings:Appeal
Judgment Date/s:25 Feb 2025
Judge:Meenan, C.
Category:Refugee Law
Keywords:Asylum, Asylum Applicant, Common European Asylum System (CEAS), Dublin Regulation, Protection (International), Return, Third Country (Safe)
Country of Origin:Iraq, Nigeria
URL:https://www.courts.ie/acc/alfresco/ee80aa48-9894-421e-a771-4a2c60e262b9/2025_IECA_43%20%20.pdf/pdf#view=fitH

Facts: The appeals were brought by the appellants (the Minister) against orders of certiorari made in the High Court. In the High Court, it was found that the way in which the United Kingdom was designated as a safe third country following its departure from the European Union was contrary to EU law. The High Court found that Irish legislation … Read More

Principles:The amendments to the International Protection Act 2015 brought in by the Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 provide new and additional safeguards for persons who are determined to have previously been in a safe third country.
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A.Z. & ors v the Minister for Justice and Equality

EMNireland

Respondent/Defendant:A.Z., M.Z. and C.Z. (a minor suing by his mother and next friend M.Z.)
Court/s:Supreme Court
Citation/s:[2024] IESC 35
Nature of Proceedings:Appeal
Judgment Date/s:25 Jul 2024
Judge:Woulfe, S. Dunne, E. Hogan, G. Collins, M. Donnelly, A.
Category:Deportation
Keywords:Best interests of the child, Child, Citizenship, Deportation, Deportation Order, Family (Nuclear), Family Member, Family Unity (Right to), Illegal Stay, Return
Country of Origin:Albania
URL:https://www.courts.ie/acc/alfresco/5e689789-56c6-481a-b63b-b74248a1d14b/2024_IESC_35_(Woulfe%20J).pdf/pdf#view=fitH
References:In Re JJ [2020] IESC 1, Oguekwe v Minister for Justice, Equality and Law Reform [2008] IESC 25, [2008]

Facts: A.Z. was an Albanian national who arrived to Ireland irregularly in 1995 and worked without a work permit for a number of years using an alias. He met M.Z., an Irish citizen, in 2005, and they had a child, C.Z., in 2007. A.Z. is the primary caregiver for his son, C.Z., who has a number of additional needs relating … Read More

Principles:Article 42A.1 of the Irish Constitution requires that the Minister have regard to the child’s best interests as a primary consideration in the context of a parent’s deportation order and must therefore engage with the child’s constitutional rights. Thus, in the context of the proportionality exercise conducted when deciding deportation cases, the Minister must give primary consideration to a child’s best interests when weighing the various relevant factors.
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A v Minister for Justice, Ireland and the Attorney General; B v International Protection Appeals Tribunal, Minister for Justice and Equality, Ireland, and the Attorney General

EMNireland


A v Minister for Justice, Ireland & anor; B v International Protection Appeals Tribunal & ors
Respondent/Defendant:Minister for Justice, the Attorney General, the International Appeals Tribunal
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:22 Mar 2024
Judge:Phelan, S.
Keywords:Asylum, Asylum Applicant, Asylum Applicant (Secondary Movement of), Dublin Regulation, Return, Return Decision, Third Country, Third Country (Safe), Transfer Order
URL:https://www.courts.ie/acc/alfresco/8f8d74f5-2195-459e-af49-2269c01f071f/2024_IEHC_183.pdf/pdf#view=fitH

Facts: This case concerns the lawfulness of the designation of the United Kingdom as a safe third country under section 72A of the International Protection Act 2015. The two applicants, A and B, are Iraqi and Nigerian and separately applied for international protection in Ireland. A biometric data request was sent to the UK under the 2014 UK/Ireland Memorandum of … Read More

Principles:The designation of a safe third country in the international protection system must be compliant with EU law, including the Asylum Procedures Directive 2013/32/EU. This is necessary because of the operation of the Dublin III Regulation, in which Ireland participates, and for the functioning of the Common European Asylum System.
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A.S.A. v Minister for Justice and Equality

EMNireland


ASA v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court, Supreme Court
Nature of Proceedings:Judicial Review
Judgment Date/s:24 Nov 2022
Judge: MacMenamin J.
Category:Asylum, Refugee Law
Keywords:Asylum Applicant, Carltona Principle, Deportation, Leave to Remain, Protection (International), Return
Country of Origin:Nigeria
URL:www.courts.ie/view/judgments/b76af74a-fd59-4100-9a63-31b836b1eeed/de05c437-f17e-47ad-a7d9-893981bb5f42/2022_IESC_49.pdf/pdf

 Facts: The appellant was a national of Nigeria. He submitted an application for international protection in 2016, which was unsuccessful. The appellant was informed that an International Protection Officer (IPO) had recommended he not be granted refugee status or subsidiary protection pursuant to section 39 of the International Protection Act 2015. He was subsequently informed that the Minister for Justice … Read More

Principles:There is no conflict of roles or functions exists between an international protection officer in their role in the international protection procedure, and an officer of the Minister in their role in permission to remain decisions under section 49 of the 2015 Act.
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VJ (Moldova) v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2012] IEHC 337
Nature of Proceedings:Judicial Review
Judgment Date/s:31 Jul 2012
Judge:Cooke J
Category:Deportation, Refugee Law
Keywords:Asylum, Deportation, Protection, Protection (Application for International), Protection (International), Protection (Subsidiary), Refugee, Return, Return Decision, Returnee
Country of Origin:Moldova
URL:https://www.courts.ie/acc/alfresco/cf2952a2-d160-46c2-a64b-d7680ae940c0/2012_IEHC_337_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was a national of Molova who applied for asylum in the State and was unsuccessful. He was also refused subsidiary protection and a deportation order was made against him. The applicant argued inter alia that the process by which the subsidiary protection scheme operated in Ireland with the deportation/leave to remain procedure was in breach of EU … Read More

Principles:

It is arguable that:

“By confining the right to apply for subsidiary protection to the circumstance in which the asylum seeker’s entitlement to remain lawfully in the State pursuant to s. 9(2) of the Refugee Act 1996, has expired and a decision has been taken to propose the deportation of the applicant under section 3(3) of the Immigration Act 1999, Regulation 4(1) of the 2006 Regulations in conjunction with s. 3 of the said Act of 1999, has the effect of imposing a precondition or disadvantage upon a subsidiary protection applicant which is ultra vires Council Directive 2004/83/EC of the 29th April, 2004, and is incompatible with general principles of European Union law.”

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