Z.S. v The Refugee Appeals Tribunal & ors [2018] IEHC 436 (23 July 2018)

Z.S. v The Refugee Appeals Tribunal & ors [2018] IEHC 436 (23 July 2018)

The Tribunal erred in law and fact by finding that the take back request process remained open after the UK’s refusal on 29 July 2015 and by treating the subsequent correspondence as part of the original request. The two-month time limit under Article 23(2) of the Dublin III Regulation is strict and was not met. Article 5(2) of the Implementing Regulation does not extend or affect this time limit. The applicant had locus standi to challenge the Tribunal’s decision on this basis.

Citation
[2018] IEHC 436
Parties
Applicant: Z. S.; First Respondent: The Refugee Appeals Tribunal; Second Respondent: The Minister for Justice and Equality; Notice Party: The Refugee Applications Commissioner
Jurisdiction
Ireland
Judgment Date
23 July 2018
Procedural Posture
Judicial Review / High Court Judgment on Substantive Application
Outcome
Application for judicial review granted; Tribunal's decision quashed.
Legal Topics
Asylum Procedure, Dublin III Regulation, Judicial Review, Time Limits for Take Back Requests, Locus Standi, Implementation of EU Regulations
Immigration Law European Union Law Administrative Law Asylum Procedure Dublin III Regulation Judicial Review Time Limits for Take Back Requests Locus Standi +1 more

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Parties

Z. S.

Applicant

The Refugee Appeals Tribunal

First Respondent

The Minister for Justice and Equality

Second Respondent

The Refugee Applications Commissioner

Notice Party

Procedural Posture

Judicial Review / High Court Judgment on Substantive Application

Legal Issues

  1. 1 Whether the applicant had locus standi to challenge the Tribunal's decision regarding time limits under Article 23 of the Dublin III Regulation
  2. 2 Whether the take back request to the UK was made within the time limits prescribed by Article 23(2) of the Dublin III Regulation
  3. 3 Whether Article 5(2) of the Implementing Regulation (EC) 1560/2003 could extend or affect the time limits under Article 23(2) of the Dublin III Regulation

Ratio Decidendi

The Tribunal erred in law and fact by finding that the take back request process remained open after the UK’s refusal on 29 July 2015 and by treating the subsequent correspondence as part of the original request. The two-month time limit under Article 23(2) of the Dublin III Regulation is strict and was not met. Article 5(2) of the Implementing Regulation does not extend or affect this time limit. The applicant had locus standi to challenge the Tribunal’s decision on this basis.

Court Disposition

Application for judicial review granted; Tribunal's decision quashed.

Orders

  • Order of certiorari quashing the decision of the Refugee Appeals Tribunal dated 8 April 2016.
  • Declaration that the take back request was not made within the time limits prescribed by Article 23(2) of the Dublin III Regulation.