EDAL case summaries

The Supreme Court of Ireland handed down a judgment concerning the question whether the Minister for Justice and Equality is obliged to revoke a deportation order or otherwise facilitate a person to enter the State, when that person has been granted consent to make a subsequent application for international protection under section 22 of the International Protection Act 2015, which requires the person's presence in the State to make the application. It was held that there is no express right to enter the State for the purposes of making an application, save where the...

A stateless person from Palestine who was registered by UNRWA  and received its assistance shall not be excluded from refugee status when it is established that his personal safety in Palestine is at serious risk and it is impossible for UNRWA to guarantee that the living conditions, which has forced the individual to leave Palestine, are compatible with its mission.

From the available evidence, the Court concludes that UNRWA is unable to provide protection and assistance to Palestinian refugees in Gaza.

In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, it was held that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.

EU law does not preclude national legislation that allows an illegally staying third-country national to be detained in prison accommodation for removal, on the ground that he poses a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society or the internal or external security of the Member State concerned. The detainee should be kept separated from ordinary prisoners.