H.I.D., v Refugee Applications Commissioner, Ireland, [2013] EUECJ C-175/11 (31 January 2013)

H.I.D., v Refugee Applications Commissioner, Ireland, [2013] EUECJ C-175/11 (31 January 2013)

Directive 2005/85/EC does not preclude Member States from prioritising or accelerating asylum applications based on nationality or country of origin, provided basic principles and guarantees are respected; the Irish system, including the Refugee Appeals Tribunal and judicial review, satisfies the requirement for an effective remedy.

Citation
[2013] EUECJ C-175/11
Parties
Applicant: Ms D.; Applicant: Mr A.; Respondent: Refugee Applications Commissioner; Respondent: Refugee Appeals Tribunal; Respondent: Minister for Justice, Equality and Law Reform; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
European Union
Judgment Date
31 January 2013
Procedural Posture
Preliminary Ruling / Final Judgment
Outcome
Questions referred answered; national legislation not precluded by Directive 2005/85/EC.
Legal Topics
Asylum Procedures, Effective Remedy, Non Discrimination, Prioritised Procedure, Accelerated Procedure
European Union Law Immigration Law Administrative Law Asylum Procedures Effective Remedy Non Discrimination Prioritised Procedure Accelerated Procedure

Case Brief

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Parties

Ms D.

Applicant

Mr A.

Applicant

Refugee Applications Commissioner

Respondent

Refugee Appeals Tribunal

Respondent

Minister for Justice, Equality and Law Reform

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Preliminary Ruling / Final Judgment

Legal Issues

  1. 1 Whether Directive 2005/85/EC precludes Member States from prioritising or accelerating asylum applications based on nationality or country of origin
  2. 2 Whether the Irish system provides an effective remedy before a court or tribunal as required by Article 39 of Directive 2005/85/EC

Ratio Decidendi

Directive 2005/85/EC does not preclude Member States from prioritising or accelerating asylum applications based on nationality or country of origin, provided basic principles and guarantees are respected; the Irish system, including the Refugee Appeals Tribunal and judicial review, satisfies the requirement for an effective remedy.

Court Disposition

Questions referred answered; national legislation not precluded by Directive 2005/85/EC.

Orders

  • Article 23(3) and (4) of Directive 2005/85/EC does not preclude prioritised or accelerated procedures based on nationality or country of origin, provided basic principles and guarantees are respected.
  • Article 39 of Directive 2005/85/EC does not preclude the Irish system, which allows appeals before the Refugee Appeals Tribunal and further judicial review.