NVU & ors v The Refugee Appeals Tribunal & Ors (Approved) [2020] IESC 46 (24 July 2020)

NVU & ors v The Refugee Appeals Tribunal & Ors (Approved) [2020] IESC 46 (24 July 2020)

The Supreme Court held that the discretion under Article 17 of the Dublin III Regulation to examine an asylum application on humanitarian or family grounds, even where Ireland is not the responsible Member State, remains vested in the Minister for Justice and Equality and has not been delegated to the refugee assessment bodies by SI 525 of 2014. The statutory instrument devolved only administrative and procedural functions, not the sovereign discretionary power. The Court found no statutory or regulatory basis for such delegation, and the nature of the discretion is such that it cannot be exercised by administrative or quasi-judicial bodies absent clear legislative intent and guiding...

Citation
[2020] IESC 46
Parties
Respondents/applicants: NVU, MU, MNI, MS (both minors proceeding by their next friend NVU); Appellants/respondents: The Refugee Appeals Tribunal, the Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
24 July 2020
Procedural Posture
Supreme Court Appeal / Final Appellate Judgment
Outcome
Appeal allowed; High Court decision restored
Legal Topics
Dublin III Regulation, Ministerial Discretion, Delegation of Powers, International Protection, Humanitarian Grounds, Family Reunification, Judicial Review
Immigration Law Administrative Law European Union Law Dublin III Regulation Ministerial Discretion Delegation of Powers International Protection Humanitarian Grounds +2 more

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Parties

NVU, MU, MNI, MS (both minors proceeding by their next friend NVU)

Respondents/applicants

The Refugee Appeals Tribunal, the Minister for Justice and Equality, Ireland and the Attorney General

Appellants/respondents

Procedural Posture

Supreme Court Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the discretion under Article 17 of Dublin III Regulation is vested in the Minister or devolved to refugee assessment bodies
  2. 2 Whether the statutory instrument (SI 525 of 2014) delegated the Article 17 discretion
  3. 3 Sequencing and timing of the exercise of discretion under Article 17

Ratio Decidendi

The Supreme Court held that the discretion under Article 17 of the Dublin III Regulation to examine an asylum application on humanitarian or family grounds, even where Ireland is not the responsible Member State, remains vested in the Minister for Justice and Equality and has not been delegated to the refugee assessment bodies by SI 525 of 2014. The statutory instrument devolved only administrative and procedural functions, not the sovereign discretionary power. The Court found no statutory or regulatory basis for such delegation, and the nature of the discretion is such that it cannot be exercised by administrative or quasi-judicial bodies absent clear legislative intent and guiding...

Court Disposition

Appeal allowed; High Court decision restored

Orders

  • The discretion under Article 17 of Dublin III Regulation is vested in the Minister for Justice and Equality, not the refugee assessment bodies.
  • The decision of the Court of Appeal is set aside and the decision of the High Court is restored.