Facts: This case concerned transfers pursuant to the Dublin III Regulation, and whether an applicant could challenge a decision to make a transfer order on the basis that (1) the transfer decision was invalid because the information request failed to state the grounds on which it was based contrary to art.34 of the Dublin III regulation; (2) the transfer decision … Read More
TM v Refugee Appeals Tribunal
| Respondent/Defendant: | Refugee Appeals Tribunal |
| Court/s: | High Court |
| Citation/s: | [2016] IEHC 469 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 29 Jul 2016 |
| Judge: | Humphreys R. |
| Category: | Refugee Law |
| Keywords: | Asylum Seeker (Secondary Movement of), Dublin Regulation, Refugee, Transfer Order |
| Country of Origin: | Not stated |
| URL: | http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/f96bea1e6365386b8025800b003fc435?OpenDocument |
| Geographic Focus: | Other |
| Principles: | This decision is significant because it limits an applicant’s right to challenge a transfer order pursuant to the Dublin III Regulation to alleged breaches of the criteria for transfer. All other provisions of the Regulation such as provision of information or time limits for requests are addressed to the member states and an applicant is therefore not entitled to challenge a transfer on those grounds. (This decision is under appeal). |