Case summaries
Ireland – High Court, 29 December 2011, R.A. v Minister for Justice and Equality, Garda National Immigration Bureau, Ireland and Attorney General [2011] IEHC 512
Country of applicant:
Pakistan
Keywords:
Effective access to procedures, Delay, Subsequent application, Responsibility for examining application, Request that charge be taken, Dublin Transfer
The applicant sought to rely on her Islamic proxy marriage to her husband, a recognised refugee in Ireland, to resist removal to the UK under the Dublin Regulations. Her application for judicial review failed as she was held to have forfeited her right under Article 7 of the Dublin II Regulation due to delay on her part in asserting that right.
Date of decision:
29-12-2011
Relevant International and European Legislation:
EN - Charter of Fundamental Rights of the European Union,Article 1,EN - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,Recital (4),Recital (17),1.,3.,Article 5,1.,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,(i),Article 5,Article 7,Article 9