EDAL case summaries
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...
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.
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.
This case concerned the back dating of child benefit for families who were previously in the asylum procedure.
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.
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.
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.
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.
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- Accommodation centre 2
- Best interest of the child 2
- Credibility assessment 2
- Delay 2
- Access to the labour market 1
- Assessment of facts and circumstances 1
- Benefit of doubt 1
- Burden of proof 1
- Country of origin information 1
- Dublin Transfer 1
- Effective access to procedures 1
- Effective remedy (right to) 1
- Medical Reports/Medico-legal Reports 1
- Protection 1
- Real risk 1
- Reception conditions 1
- Refugee Status 1
- Relevant Facts 1
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- Nigeria 2
- Afghanistan 1
- Congo (DRC) 1
- Myanmar 1
- Pakistan 1
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