L.K. v International Protection Appeals Tribunal & Ors (Approved) [2023] IEHC 210 (26 April 2023)

L.K. v International Protection Appeals Tribunal & Ors (Approved) [2023] IEHC 210 (26 April 2023)

The State's insertion of the words 'or attributed in part' into the 2018 Regulations materially altered and diluted the right conferred by Article 15(1) of Directive 2013/33/EU, resulting in a sufficiently serious breach of EU law. The applicant established a direct causal link between this breach and his financial loss, satisfying all three Francovich conditions. He is entitled to damages calculated on the basis of actual earnings capacity demonstrated post-permission.

Citation
[2023] IEHC 210
Parties
Applicant: L. K.; First Named Respondent: International Protection Appeals Tribunal; Respondents: The Minister for Justice, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
26 April 2023
Procedural Posture
Judicial Review / Post Judgment Hearing on Francovich Damages
Outcome
Applicant entitled to Francovich damages for failure to properly transpose Directive 2013/33/EU.
Legal Topics
Francovich Damages, State Liability, Transposition of EU Directives, Labour Market Access for Asylum Seekers, Directive 2013/33/eu
European Union Law Administrative Law Immigration Law Francovich Damages State Liability Transposition of EU Directives Labour Market Access for Asylum Seekers Directive 2013/33/eu

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Parties

L. K.

Applicant

International Protection Appeals Tribunal

First Named Respondent

The Minister for Justice, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Post Judgment Hearing on Francovich Damages

Legal Issues

  1. 1 Whether the applicant is entitled to Francovich damages for the State's failure to properly transpose Article 15(1) of Directive 2013/33/EU into Irish law
  2. 2 Whether the three conditions for Francovich damages are satisfied: (1) conferral of rights, (2) sufficiently serious breach, (3) direct causal link between breach and damage

Ratio Decidendi

The State's insertion of the words 'or attributed in part' into the 2018 Regulations materially altered and diluted the right conferred by Article 15(1) of Directive 2013/33/EU, resulting in a sufficiently serious breach of EU law. The applicant established a direct causal link between this breach and his financial loss, satisfying all three Francovich conditions. He is entitled to damages calculated on the basis of actual earnings capacity demonstrated post-permission.

Court Disposition

Applicant entitled to Francovich damages for failure to properly transpose Directive 2013/33/EU.

Orders

  • Damages awarded to applicant in the sum of €21,877.44.
  • Parties to correspond regarding the precise form of order and costs; in default of agreement, written submissions to be filed within 14 days.