Case summaries

This was an application for an interim injunction preventing the removal of the applicants pending the outcome of their application for leave to apply for judicial review.  The underlying leave application raised several different points, of these, one was deemed arguable: that Ireland’s deportation regime involving a lifetime ban on re-entry is contrary to the ECHR and Irish Constitution.

1. If an Iranian national is declined the opportunity to obtain a school-leaving certificate and attend a state school because of the refusal by Iranian authorities to issue him with identity papers, this constitutes a significant discriminatory administrative measure according to Article 9 paragraph 2 of the Qualification Directive.

 
2. The right to suitable education corresponding to a child’s abilities is recognised as a human right according to international law.

The Plaintiff’s previous experience does not lead to the  conclusion that the Plaintiff is afraid of persecution (in the event that he was returned) based on race, religion, national identity, membership of a particular social group or a certain political belief, as his fear is based on the possible consequences of retribution merely because he fled. According to the judgment of the Supreme Court the fact that he fled from the Taliban does not make him a “member of a particular social group” on the basis of which his refugee status could be recognised.

Because the Plaintiff did not mention his current political conviction and his current anti-Taliban religious belief when applying for international protection he is not entitled to a refugee sur place status. 

This case concerned the concept of ‘safe country’ within the Dublin system and respect for fundamental rights of asylum seekers. The Court held that EU law prevents the application of a conclusive presumption that Member States observe all the fundamental rights of the European Union. Art. 4 Charter must be interpreted as meaning that the Member States may not transfer an asylum seeker to the Member State responsible within the meaning of the Regulation where they cannot be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that Member State amount to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of the provision. Once it is impossible to transfer the asylum seeker to the responsible Member State then subject to the sovereignty clause the State can check if another Member State is responsible by examining further criteria under the Regulation. This should not take an unreasonable amount of time and if necessary then the Member State concerned must examine the asylum application. 

As a result of six convictions owing to trivial offences against property, subsidiary protection was withdrawn from the Applicant, as he would represent a danger to the general public. The Constitutional Court revoked this decision as unconstitutional: the Asylum Court had not interpreted the corresponding national stipulation in accordance with the Directives as the crimes committed were not of the seriousness required in Art 17 Qualification Directive.

The Court quashed a country guidance decision on the application of Art 15(c) of the Qualification Directive in Iraq because the Tribunal had not considered what was necessary to ensure that it heard proper argument in a case designed to give binding guidance for other applicants.

Exclusion from refugee protection on the grounds of "serious non-political crime" or of "acts against the purposes and principles of the United Nations", cannot solely be based on the fact that an applicant has been a supporter or a member of an organisation which has been classified as terrorist. There must be serious reasons to justify the assumption that the applicant was personally involved in the commission of such crimes.

In considering the possible exclusion under Art 1F, careful consideration must be given to culpability. Domestic law including any defences must be accurately cited. When the applicant is a child, consideration of her age and understanding; together with consideration of her welfare must form part of the overall analysis. If a child is found to be excluded from asylum or humanitarian protection the welfare of the child should be considered when arrangements for other leave to remain are considered.

In this case the Tribunal considered the situation of refugee’s fiancé(e)s, who are not covered by the provisions relating to spouses and children. In general their exclusion is unlikely to be proportionate and their claim should succeed under Art 8 of the European Convention on Human Rights (ECHR).

Exclusion from refugee status of an Applicant who had carried out attacks against the Sri Lankan army in the name of the LTTE, a movement included on the list of terrorist organisations as decided by the Council of the EU, during peace-time, with full knowledge, without coercion and when he was over the age of majority.