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

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

The court finds that the Irish safe third country regime, including the UK's designation, is not ultra vires and complies with domestic and EU law requirements. The Minister's assessment of non-refoulement and return orders is rational and lawful. No breach of data protection rights sufficient to invalidate the system is established. The applicants fail to demonstrate a real risk of removal to Rwanda or violation of their rights. Allegations of lack of candour do not disentitle Applicant A to relief, but do not affect the substantive outcome. Standing is not established for challenges based on the Rwanda Policy.

Citation
[2024] IEHC 183
Parties
Applicant: A; Respondents: Minister for Justice, Ireland and the Attorney General; Applicant: B; Respondents: International Protection Appeals Tribunal and the Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
22 March 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review refused
Legal Topics
Safe Third Country Designation, Non Refoulement, Rwanda Policy, Data Protection, Procedures Directive, International Protection, Ultra Vires, Standing, Candour
Immigration Law EU Law Human Rights Law Data Protection Law Safe Third Country Designation Non Refoulement Rwanda Policy Data Protection +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

A

Applicant

Minister for Justice, Ireland and the Attorney General

Respondents

B

Applicant

International Protection Appeals Tribunal and the 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
  2. 2 Compliance of Irish safe third country regime with EU law
  3. 3 Obligation to review safe third country designation

Ratio Decidendi

The court finds that the Irish safe third country regime, including the UK's designation, is not ultra vires and complies with domestic and EU law requirements. The Minister's assessment of non-refoulement and return orders is rational and lawful. No breach of data protection rights sufficient to invalidate the system is established. The applicants fail to demonstrate a real risk of removal to Rwanda or violation of their rights. Allegations of lack of candour do not disentitle Applicant A to relief, but do not affect the substantive outcome. Standing is not established for challenges based on the Rwanda Policy.

Court Disposition

Application for judicial review refused

Orders

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