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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
Sweden - Migration Court of Appeal, 6 September 2010, UM 8098-09
Country of applicant: Turkey
Keywords: Family unity (right to)

The right to family life can outweigh the ‘state responsibility’ criteria in the Dublin II Regulation. The Court held that the application for asylum should be processed in Sweden, in order to secure the right to family and private life (Art 8 of the European Convention on Human Rights), despite the fact that another State was responsible under the Dublin II Regulation.

Date of decision: 06-09-2010
Relevant International and European Legislation: EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,2.,Article 15,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,Art 8.1,Art 8.2