D.S. -v- The Refugee Applications Commissioner [2016] IEHC 399 (11 July 2016)

D.S. -v- The Refugee Applications Commissioner [2016] IEHC 399 (11 July 2016)

No jurisdictional error occurred because, at the time the take back request was made, the applicant had not submitted any documents; the respondent's statements on the form were accurate. Any error in evaluating the evidence was not a jurisdictional error and does not warrant judicial review.

Citation
[2016] IEHC 399
Parties
Applicant: D. S.; Respondent: The Refugee Applications Commissioner
Jurisdiction
Ireland
Judgment Date
11 July 2016
Procedural Posture
Judicial Review / Ex Parte Application for Leave to Seek Judicial Review
Outcome
Application for leave to seek judicial review refused
Legal Topics
Dublin III Regulation, Asylum Procedure, Jurisdictional Error, International Protection, Transfer of Asylum Seekers
Immigration Law European Union Law Administrative Law Dublin III Regulation Asylum Procedure Jurisdictional Error International Protection Transfer of Asylum Seekers

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Parties

D. S.

Applicant

The Refugee Applications Commissioner

Respondent

Procedural Posture

Judicial Review / Ex Parte Application for Leave to Seek Judicial Review

Legal Issues

  1. 1 Whether the respondent acted unlawfully by failing to disclose to Austrian authorities documents submitted by the applicant relevant to Article 19(2) of the Dublin III Regulation
  2. 2 Whether the respondent's statement that no material evidence was submitted constituted a jurisdictional error

Ratio Decidendi

No jurisdictional error occurred because, at the time the take back request was made, the applicant had not submitted any documents; the respondent's statements on the form were accurate. Any error in evaluating the evidence was not a jurisdictional error and does not warrant judicial review.

Court Disposition

Application for leave to seek judicial review refused