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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OE v Refugee Appeals Tribunal and Others

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Respondent/Defendant:Refugee Appeals Tribunal and Others
Court/s:High Court
Citation/s:[2011] IEHC 149
Nature of Proceedings:Judicial Review
Judgment Date/s:30 Mar 2011
Judge:Smyth J.
Category:Refugee Law
Keywords:Refugee, Refugee Law, Third Country (Safe)
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/17ba7042-7a57-4167-b787-d025fabab043/2011_IEHC_149_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:M.A. v Minister for Justice, Equality and Law Reform, Unreported, High Court, Cooke J., 17 December 2009

The Applicant was a Nigerian national who claimed to have been persecuted in Nigeria by reason of his homosexual orientation. He arrived in Ireland in April 2008 and claimed asylum. The Refugee Applications Commissioner recommended that he not be declared a refugee and this recommendation was appealed to the Refugee Appeals Tribunal. The Tribunal affirmed the Commissioner’s recommendation on the … Read More

Principles:

When assessing the Applicant’s credibility, the Tribunal was entitled to have regard to the reason given by the Applicant for failing to claim asylum in the first safe country the Applicant entered since departing his country of origin

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DCB v Refugee Applications Commissioner & Ors

Respondent/Defendant:Refugee Applications Commissioner & Ors
Court/s:High Court
Citation/s:Unreported
Judgment Date/s:16 Feb 2005
Judge:O’Leary
Category:Refugee Law
Keywords:Country of Origin (Safe), Refugee, Refugee Law, Refugee Status, Third Country (Safe)
Country of Origin:Romania
References:Immigration Act 1999; Refugee Act 1996

The applicant, a Romanian national, claimed that the Minister had failed to properly follow the terms laid down in Section 12(4) of the Immigration Act 1999 in designating Romania a safe country. The Court found that relevant considerations included (i) that there be a consultation with the Minister for Foreign Affairs,  (ii) that it should be clarified whether the country … Read More

Principles:

In considering whether a country is a safe country of origin, relevant considerations for the Minister include (i) that there be a consultation with the Minister for Foreign Affairs, (ii) whether the country is party to, or complies with, the specified obligations, and (iii) whether the county has a domestic political system, independent judiciary, and is governed by the rule of law.

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Case C-133/06 Parliament v Council

Respondent/Defendant:Council
Court/s:ECJ
Citation/s:C-133/06
Judgment Date/s:16 Feb 2005
Category:Refugee Law
Keywords:Refugee, Third Country (Safe)
Country of Origin:Romania
URL:http://curia.europa.eu/juris/celex.jsf?celex=62006CJ0133&lang1=en&type=TXT&ancre=
Geographic Focus:Europe
References:Directive 2005/85/EC

Directive 2005/85/EC states that the European Council, acting by a qualified majority, after consultation of the European Parliament, is to adopt a “minimum common list of third countries” (Article 29(1) and (2)) which are to be regarded by Member States as safe countries of origin and a “common list of European safe third countries” (Article 36(3)). The European Parliament brought … Read More

Principles:

By making the future adoption of common lists of safe countries subject to mere consultation of the Parliament instead of the codecision procedure, the Council exceeded the powers conferred on it by the Treaty in relation to asylum. Articles 29(1) and (2) and Article 36(3) of Council Directive 2005/85/EC are annulled.

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Gioshvile v Minister for Justice, Equality and Law Reform


Gioshvilli
Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:Unreported
Judgment Date/s:31 Jan 2003
Judge:Finlay Geoghegan
Category:Refugee Law
Keywords:Country of Origin (Safe), Refugee, Refugee Law, Refugee Status, Third Country (Safe)
Country of Origin:Georgia

The Applicant left Georgia in 1989, lived in Russia until 1999 and subsequently sought asylum in Ireland. The Refugee Applications Commissioner, in determining his claim, stated that Russia might have amounted to a safe third country. The applicant appealed to the Refugee Appeals Tribunal. The Tribunal concluded that the applicant’s fear of persecution in Russia was not well grounded. The … Read More

Principles:It is arguable that refugees are not obliged to seek asylum in the first available safe country to which they flee. It is arguable that the circumstances of an applicant’s departure from a State other than that of which he is a national are not relevant where an applicant has a country of origin or habitual residence.
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Anisimova v Minister for Justice

Respondent/Defendant:Minister for Justice
Court/s:High Court, Supreme Court
Citation/s:[1998] 1 IR 186, Unreported
Judgment Date/s:18 Feb 1997
Judge:Morris
Category:Refugee Law
Keywords:Refugee, Refugee Law, Refugee Status, Third Country (Safe)
Country of Origin:Russia

The applicant, a Russian national, left Moldova and travelled to the UK on a six-month visa. After landing in the UK she travelled immediately to Ireland where she claimed asylum. The Department of Justice argued that she should be deported to the UK unless she left Ireland voluntarily. The High Court found that the State is entitled to return a … Read More

Principles:Ireland is entitled to return a person who intends to apply for asylum in Ireland to the first safe country they resided in after fleeing their home, provided that the “safe country” is willing and able to hear the person’s asylum application.
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