E v The International Protection Appeals Tribunal & ors; FOM v The Minister for Justice & Ors (Approved) [2026] IESC 8 (18 February 2026)

E v The International Protection Appeals Tribunal & ors; FOM v The Minister for Justice & Ors (Approved) [2026] IESC 8 (18 February 2026)

The central issue—whether Ireland is obliged by EU law to incorporate the safeguards of the Recast Procedures Directive in its safe third country mechanism—remains a live controversy between the parties. The legislative amendments do not render the appeals moot, as the source of the legal obligation (EU or domestic) is of constitutional importance and unresolved. The previous decisions and orders are not automatically set aside by the legislative changes, and the appeals must be heard on their merits.

Citation
[2026] IESC 8
Parties
Applicant/respondent: KE; Applicant/respondent: FOM; Respondent/appellant: The International Protection Appeals Tribunal; Respondent/appellant: The Minister for Justice; Respondent/appellant: Ireland; Respondent/appellant: The Attorney General
Jurisdiction
Ireland
Judgment Date
18 February 2026
Procedural Posture
Appeal / Supreme Court Judgment on Mootness, Remitting to Court of Appeal
Outcome
Appeal allowed; proceedings remitted to the Court of Appeal for hearing of the appeal and cross-appeal.
Legal Topics
International Protection, Safe Third Country, Non Refoulement, EU Law Obligations, Legislative Amendments, Mootness, Judicial Review
Administrative Law Immigration Law European Union Law Constitutional Law International Protection Safe Third Country Non Refoulement EU Law Obligations +3 more

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Parties

KE

Applicant/respondent

FOM

Applicant/respondent

The International Protection Appeals Tribunal

Respondent/appellant

The Minister for Justice

Respondent/appellant

Ireland

Respondent/appellant

The Attorney General

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Mootness, Remitting to Court of Appeal

Legal Issues

  1. 1 Whether legislative changes rendered the Minister's appeals moot regarding international protection admissibility and return decisions
  2. 2 Whether the State is obliged by EU law to incorporate safeguards from the Recast Procedures Directive despite not opting in
  3. 3 Effect of repeal and amendment of relevant statutory provisions on existing decisions and orders

Ratio Decidendi

The central issue—whether Ireland is obliged by EU law to incorporate the safeguards of the Recast Procedures Directive in its safe third country mechanism—remains a live controversy between the parties. The legislative amendments do not render the appeals moot, as the source of the legal obligation (EU or domestic) is of constitutional importance and unresolved. The previous decisions and orders are not automatically set aside by the legislative changes, and the appeals must be heard on their merits.

Court Disposition

Appeal allowed; proceedings remitted to the Court of Appeal for hearing of the appeal and cross-appeal.

Orders

  • Appeal allowed
  • Proceedings remitted to the Court of Appeal for hearing of the appeal and cross-appeal