LK v The International Protection Appeals Tribunal & Anor (Approved) [2020] IEHC 616 (25 November 2020)

LK v The International Protection Appeals Tribunal & Anor (Approved) [2020] IEHC 616 (25 November 2020)

Paragraph 8(2) of High Court Practice Direction 81, providing for an automatic stay on Dublin III transfer decisions upon filing judicial review, is not required by the Dublin III Regulation, is contrary to its objective of rapid processing, and is no longer justified following the Supreme Court's decision in NVU; therefore, the automatic stay is lifted and the practice direction will be disapplied for future cases.

Citation
[2020] IEHC 616
Parties
Applicant: LK; First Respondent: The International Protection Appeals Tribunal; Second Respondent: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
25 November 2020
Procedural Posture
Judicial Review / Interlocutory Application to Set Aside Automatic Stay Pending Substantive Hearing
Outcome
Application to set aside automatic stay granted
Legal Topics
Dublin III Regulation, Judicial Review, Practice Directions, Automatic Stay, International Protection
Immigration Law Administrative Law European Union Law Dublin III Regulation Judicial Review Practice Directions Automatic Stay International Protection

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Parties

LK

Applicant

The International Protection Appeals Tribunal

First Respondent

The Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / Interlocutory Application to Set Aside Automatic Stay Pending Substantive Hearing

Legal Issues

  1. 1 Whether paragraph 8(2) of High Court Practice Direction 81, providing for an automatic stay on Dublin III transfer decisions upon filing judicial review, is contrary to the Dublin III Regulation and should be disapplied

Ratio Decidendi

Paragraph 8(2) of High Court Practice Direction 81, providing for an automatic stay on Dublin III transfer decisions upon filing judicial review, is not required by the Dublin III Regulation, is contrary to its objective of rapid processing, and is no longer justified following the Supreme Court's decision in NVU; therefore, the automatic stay is lifted and the practice direction will be disapplied for future cases.

Court Disposition

Application to set aside automatic stay granted

Orders

  • Automatic stay on the transfer decision made on 10 June 2020 is lifted
  • Paragraph 8(2) of High Court Practice Direction 81 is disapplied for future applications concerning Dublin III decisions