EDAL case summaries
Country of Decision: Ireland
Keywords: Best interest of the child, Dublin Transfer, Effective access to procedures, Effective remedy (right to)
The following questions are referred to the Court of Justice of the EU for a preliminary ruling:
(i) when dealing with transfer of a protection applicant under regulation 604/2013 to the UK, is a national decision-maker, in considering any issues arising in relation to the discretion under art. 17 and/or any issues of protection of fundamental rights in the UK, required to disregard circumstances as they stand at the time of such consideration in relation to the proposed withdrawal of the UK from the EU;
(ii) does the concept of the “determining member state” in...
Date: 08-11-2017
Country of Decision: Ireland
Country of Applicant: Myanmar
Keywords: Access to the labour market, Accommodation centre, Delay
This case dealt with the issue that arose from the dissenting judgement of Judge Hogan in the case at the Court of Appeal – that is whether the Irish legislative provision preventing (without limitation) an asylum seeker from seeking, or entering, employment in the period before the final determination of his asylum claim was contrary to the right to work under the Irish Constitution and, if it was, to what extent could an asylum seeker claim the benefit of that right in the Constitution and to what extent could the State legitimately restrict that right.
Date: 30-05-2017
Country of Decision: Ireland
Country of Applicant: Nigeria
The Court of Appeal in this case focused on two main questions:
1) To what extent is the decision-maker on an application for international protection obliged to investigate the authenticity of documents relied upon by the applicant in those cases where here credibility is challenged; and
2) Whether sufficient steps were taken to ensure that the documentary materials provided by the applicant were in fact proven to be authentic.
Date: 27-02-2017
Country of Decision: Ireland
Keywords: Accommodation centre, Best interest of the child, Delay, Reception conditions
This case concerned the back dating of child benefit for families who were previously in the asylum procedure.
Date: 16-02-2017
Country of Decision: Ireland
Country of Applicant: Congo (DRC)
Keywords: Burden of proof, Country of origin information, Credibility assessment
An application, by way of judicial review, for an order of certiorari to quash the decision of the second named defendant (that being the International Protection Appeals Tribunal) on the basis of the application of the incorrect standard of proof being applied, credibility assessment and disregard of notice of appeal and country of origin information.
Date: 15-02-2017
Country of Decision: Ireland
Keywords: Benefit of doubt, Credibility assessment, Medical Reports/Medico-legal Reports
An application seeking leave for judicial review to quash the decision of the Refugee Appeals Tribunal on the basis of the Tribunal failing to take into account relevant information and a misapplication of Regulation 5(2) of S.I. 518 of 2006.
Date: 13-02-2017
Country of Decision: Ireland
Country of Applicant: Pakistan
Keywords: Assessment of facts and circumstances, Protection, Real risk, Relevant Facts
This case concerned a judicial review challenge of a Refugee Appeals Tribunal decision where the Court held that there must be a thorough analysis as to the forward looking fear of a person being returned to Pakistan on account of their religion.
Date: 30-01-2017
Country of Decision: Ireland
Country of Applicant: Afghanistan, Nigeria
Keywords: Refugee Status
Analysing the legality of the refusal to grant child benefit payments to parents who are not habitually resident within the State for the benefit of their children.
Date: 17-01-2017
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- Accommodation centre 2
- Best interest of the child 2
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- Access to the labour market 1
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- Benefit of doubt 1
- Burden of proof 1
- Country of origin information 1
- Dublin Transfer 1
- Effective access to procedures 1
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- Real risk 1
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