M.E. (Libya) v The Refugee Appeals Tribunal & ors No. 2 (Approved) [2018] IEHC 300 (14 May 2018)

M.E. (Libya) v The Refugee Appeals Tribunal & ors No. 2 (Approved) [2018] IEHC 300 (14 May 2018)

The Minister's agreement to consider the Article 17 discretion rendered the proceedings moot and constitutes the event for costs; therefore, costs are awarded to the applicant.

Citation
[2018] IEHC 300
Parties
Applicant: M. E. (Libya); Respondent: The Refugee Appeals Tribunal; Respondent: The Minister for Justice and Equality; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
14 May 2018
Procedural Posture
Judicial Review / Costs Determination Post Mootness
Outcome
proceedings struck out as moot
Legal Topics
Dublin III Regulation, Exercise of Discretion Under Article 17, Asylum Procedure, Costs in Judicial Review
Administrative Law Immigration Law EU Law Dublin III Regulation Exercise of Discretion Under Article 17 Asylum Procedure Costs in Judicial Review

Case Brief

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Parties

M. E. (Libya)

Applicant

The Refugee Appeals Tribunal

Respondent

The Minister for Justice and Equality

Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Judicial Review / Costs Determination Post Mootness

Legal Issues

  1. 1 Entitlement to costs after proceedings rendered moot by Minister's agreement to consider Article 17 discretion
  2. 2 Lawfulness of Minister's ability to exercise discretion under Article 17 of Dublin III Regulation

Ratio Decidendi

The Minister's agreement to consider the Article 17 discretion rendered the proceedings moot and constitutes the event for costs; therefore, costs are awarded to the applicant.

Court Disposition

proceedings struck out as moot

Orders

  • proceedings struck out
  • costs awarded to applicant including reserved costs to be taxed in default of agreement