Case summaries

  • My search
  • Relevant International and European Legislation
    1
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Esc Del
Reset
Ireland - Ivan Seredych v The Minister for Justice and Equality [2019], Supreme Court, S:AP:IE:2019:000228
Country of applicant: Ukraine
Keywords: Effective access to procedures, Subsequent application, Return

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 person is at its frontiers.

Date of decision: 13-10-2020
Relevant International and European Legislation: Art 2,Recital 6,Art 2 (c),Recital 3,Recital 7
ECtHR - M.A. and Others v. Lithuania (no. 59793/17), 11 December 2018
Country of applicant: Russia
Keywords: Effective access to procedures, Indirect refoulement, Non-refoulement, Return

The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR. 

Date of decision: 11-12-2018
Relevant International and European Legislation: 1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Recital 6,Art 1,Art 33,Art 31,European Union Law,International Law,Recital 8,EN - Charter of Fundamental Rights of the European Union,Article 18,Article 19,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 2,Article 15,Article 21