Aslam -v- MJE & Ors [2011] IEHC 512 (29 December 2011)

Aslam -v- MJE & Ors [2011] IEHC 512 (29 December 2011)

The applicant's Islamic marriage by proxy should be recognised for the purposes of Article 7 of the Dublin Regulation, but her failure to disclose her marriage and relevant facts at the appropriate time precludes her from now relying on Article 7 to prevent her transfer. However, due to her advanced pregnancy and the State's constitutional and EU law obligations to protect her dignity and health, she should not be transferred by sea or air to the United Kingdom, but may be transferred by road to Northern Ireland provided she is not removed from the island of Ireland pending delivery of her child.

Citation
[2011] IEHC 512
Parties
Applicant: Rizwana Aslam; Respondents: Minister for Justice and Equality, Garda National Immigration Bureau, Ireland and Attorney General
Jurisdiction
Ireland
Judgment Date
29 December 2011
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review and Interlocutory Injunction
Outcome
Interlocutory injunction granted restraining transfer by sea or air; transfer by road to Northern Ireland permitted with conditions.
Legal Topics
Asylum, Dublin Regulation, Family Reunification, Recognition of Foreign Marriages, Interlocutory Injunctions, Constitutional Rights, Pregnancy and Deportation
Immigration Law Constitutional Law European Union Law Asylum Dublin Regulation Family Reunification Recognition of Foreign Marriages Interlocutory Injunctions +2 more

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Parties

Rizwana Aslam

Applicant

Minister for Justice and Equality, Garda National Immigration Bureau, Ireland and Attorney General

Respondents

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review and Interlocutory Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to have her asylum application processed in Ireland under Article 7 of the Dublin Regulation due to her marriage to a recognised refugee
  2. 2 Whether the Islamic marriage by proxy is valid and should be recognised under Irish law for the purposes of Article 7
  3. 3 Whether the applicant's failure to disclose her marriage and other facts precludes her from relying on Article 7

Ratio Decidendi

The applicant's Islamic marriage by proxy should be recognised for the purposes of Article 7 of the Dublin Regulation, but her failure to disclose her marriage and relevant facts at the appropriate time precludes her from now relying on Article 7 to prevent her transfer. However, due to her advanced pregnancy and the State's constitutional and EU law obligations to protect her dignity and health, she should not be transferred by sea or air to the United Kingdom, but may be transferred by road to Northern Ireland provided she is not removed from the island of Ireland pending delivery of her child.

Court Disposition

Interlocutory injunction granted restraining transfer by sea or air; transfer by road to Northern Ireland permitted with conditions.

Orders

  • Interlocutory injunction restraining transfer of the applicant by sea or air to the United Kingdom.
  • Minister not restrained from transferring applicant by road to Northern Ireland under Article 7 of the Dublin Regulation, provided she is not removed from the island of Ireland pending delivery of the child.