The applicant had a visa for entry into Germany and came to Ireland and applied for asylum. The Refugee Applications Commissioner decided that the provisions of the Dublin Convention applied. The applicant raised a number of issues. The applicant claimed that the Refugee Applications Commissioner should have conducted an interview prior to deciding that the Convention applie rather than making … Read More
DIS v Minister for Justice, Equality and Law Reform and Ors
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform and Ors |
| Court/s: | High Court |
| Citation/s: | [2002] 8 ICLMD 84 |
| Judgment Date/s: | 07 May 2002 |
| Judge: | Smyth |
| Category: | Refugee Law |
| Keywords: | Dublin Convention, Dublin Regulation, Refugee, Refugee Law, Refugee Status |
| Principles: | The decision of the Commissioner to transfer an applicant pursuant to Council Regulation (EC) No 343/2003 is extinguished in its effect when followed by a decision of the Tribunal. The Commissioner has discretion to decide whether an application should be transferred to a convention country for examination. Article 3 of the Dublin Convention confers a right, but not a duty, on Member States to examine claims for asylum. |