Case summaries
Ireland - High Court, 11 January 2012, P.I., E.I. (An Infant) and J.N.I. (An Infant) v Minister for Justice and Equality, [2012] IEHC 7
Country of applicant:
Unknown
Keywords:
Effective access to procedures, Effective remedy (right to), Right to remain pending a decision (Suspensive effect)
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.
Date of decision:
11-01-2012
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4.1,Art 39,Annex I,Art 3.3,Art 32,Art 34,Art 33,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Art 8.2
Ireland - High Court, 6 October 2011, S.L. v Minister for Justice Law Reform, Ireland and the Attorney General, [2011] IEHC 370
Country of applicant:
Unknown
The Procedures Directive does not apply to subsidiary protection decisions when a Member State, such as Ireland, does not have a unified asylum procedure.
Date of decision:
06-10-2011
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 8.2,Art 2 (d),Art 2 (e),Art 4.1,Art 9,Annex I,Art 3.1,Art 3.3,Art 3.4,Art 2 (b)