N.v.U & Ors v The Refugee Appeals Tribunal & Ors [2019] IECA 183 (26 June 2019)

N.v.U & Ors v The Refugee Appeals Tribunal & Ors [2019] IECA 183 (26 June 2019)

The discretion to assume jurisdiction under Article 17 of Dublin III is vested in the determining body (ORAC/RAT, now IPO/IPAT) under the plain meaning of the Irish Regulations of 2014, and not exclusively in the Minister; the exercise of discretion is procedural and may be triggered at any stage; there is no requirement for the Minister to publish policy or criteria for exercising Article 17 discretion; challenges to the exercise of discretion are open to judicial review, not appeal; ECHR and Charter rights and best interests of children must be considered if properly raised.

Citation
[2019] IECA 183
Parties
Applicant/appellant: N. V. U.; Applicant/appellant: M. U., M. N. I., and M. S. (minors suing by their mother and next friend N. V. U.); Respondent: Refugee Appeals Tribunal; Respondent: Minister for Justice and Equality; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
26 June 2019
Procedural Posture
Appeal From Judicial Review / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Dublin III Regulation, Discretion Under Article 17, Refugee Status, Transfer of Asylum Applications, Effective Remedy, Family and Private Life Rights
Administrative Law European Union Law Immigration Law Dublin III Regulation Discretion Under Article 17 Refugee Status Transfer of Asylum Applications Effective Remedy +1 more

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Parties

N. V. U.

Applicant/appellant

M. U., M. N. I., and M. S. (minors suing by their mother and next friend N. V. U.)

Applicant/appellant

Refugee Appeals Tribunal

Respondent

Minister for Justice and Equality

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Appeal From Judicial Review / Court of Appeal Judgment

Legal Issues

  1. 1 Where is the discretion under Article 17 of Dublin III vested under Irish law?
  2. 2 Is the Minister required to publish policy or criteria for exercising Article 17 discretion?
  3. 3 Must private and/or family rights under Article 8 ECHR and/or Article 7 of the Charter be considered in the transfer process?

Ratio Decidendi

The discretion to assume jurisdiction under Article 17 of Dublin III is vested in the determining body (ORAC/RAT, now IPO/IPAT) under the plain meaning of the Irish Regulations of 2014, and not exclusively in the Minister; the exercise of discretion is procedural and may be triggered at any stage; there is no requirement for the Minister to publish policy or criteria for exercising Article 17 discretion; challenges to the exercise of discretion are open to judicial review, not appeal; ECHR and Charter rights and best interests of children must be considered if properly raised.

Court Disposition

Appeal allowed in part

Orders

  • Jurisdiction to exercise Article 17 discretion is vested in the determining body (ORAC/RAT, now IPO/IPAT)
  • No requirement for Minister to publish policy or criteria for Article 17 discretion