A v Minister for Justice & Ors, B v International Protection Appeals Tribunal & Ors (Approved) (Rev1) [2024] IEHC 183 (22 March 2024)

A v Minister for Justice & Ors, B v International Protection Appeals Tribunal & Ors (Approved) (Rev1) [2024] IEHC 183 (22 March 2024)

The Minister's designation of the UK as a safe third country under s.72A of the International Protection Act 2015 is lawful and not ultra vires the Procedures Directive; the review obligation has been complied with; the risk of removal to Rwanda does not render the designation unlawful given current suspension of transfers and lack of evidence applicants would be affected; data protection safeguards are adequate and any breach does not invalidate the return system; the Minister's assessment of refoulement risk was rational; applicants' standing regarding Rwanda Policy is not established; lack of candour by Applicant A does not disentitle him to relief in the circumstances.

Citation
[2024] IEHC 183
Parties
Applicant: A; Respondents: Minister for Justice, Ireland and the Attorney General; Applicant: B; Respondents: International Protection Appeals Tribunal, Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
22 March 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Applications for judicial review refused
Legal Topics
Safe Third Country Designation, Non Refoulement, Rwanda Policy, Data Protection, International Protection, Procedures Directive, Common European Asylum System
Immigration Law EU Law Human Rights Law Data Protection Law Safe Third Country Designation Non Refoulement Rwanda Policy Data Protection +3 more

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Parties

A

Applicant

Minister for Justice, Ireland and the Attorney General

Respondents

B

Applicant

International Protection Appeals Tribunal, Minister for Justice and Equality, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Lawfulness of UK designation as safe third country under Irish law and EU law
  2. 2 Compliance of Irish safe third country regime with EU Procedures Directive
  3. 3 Obligation to review safe third country designation

Ratio Decidendi

The Minister's designation of the UK as a safe third country under s.72A of the International Protection Act 2015 is lawful and not ultra vires the Procedures Directive; the review obligation has been complied with; the risk of removal to Rwanda does not render the designation unlawful given current suspension of transfers and lack of evidence applicants would be affected; data protection safeguards are adequate and any breach does not invalidate the return system; the Minister's assessment of refoulement risk was rational; applicants' standing regarding Rwanda Policy is not established; lack of candour by Applicant A does not disentitle him to relief in the circumstances.

Court Disposition

Applications for judicial review refused

Orders

  • Return orders to UK affirmed
  • No relief granted for alleged data protection breaches