Facts: The applicants were two Albanian asylum seekers who challenged the decision of the Refugee Appeals Tribunal upholding the decision of the Office of the Refugee Applications Commissioner that the United Kingdom was the member state responsible for determining their applications for asylum. The applicants claimed asylum in Ireland on 16 December 2014, and completed their asylum application questionnaires on … Read More
BS and RS v Refugee Appeals Tribunal
| Respondent/Defendant: | Refugee Appeals Tribunal |
| Court/s: | Court of Appeal |
| Citation/s: | [2017] IECA 179 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 14 Jun 2017 |
| Judge: | Peart M. |
| Category: | Refugee Law |
| Keywords: | Asylum application (Examination of an), Asylum Seeker (Secondary Movement of), Dublin Regulation, Refugee, Transfer Order |
| Country of Origin: | Albania |
| URL: | https://www.courts.ie/acc/alfresco/ba1a0aa7-2215-4092-bf2c-15b9ab85e89d/2017_IECA_179_2.pdf/pdf#view=fitH |
| Principles: | The Dublin III Regulation introduced and enhanced the rights of individual asylum seekers in relation to the making of transfer decisions under the Regulation. However, the concept of an effective remedy under Article 27(1) of the Dublin III Regulation could not be extended to the point that it could be used to challenge a transfer decision on the basis that the Annex V form was incorrectly completed. The provision of the appellants’ fingerprints by the Irish authorities to the UK was in pursuit of the legitimate interest of providing information to ascertain which member state was responsible for their asylum applications, in accordance with section 2A of the Data Protection Act 1988. |