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

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

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.

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