The Court of Appeal dismissed appeals by two Somali nationals who challenged decisions that found their applications for international protection in Ireland inadmissible, as they had already received refugee status in Greece. The appellants argued that the risk of homelessness and destitution faced by recognised refugees in Greece should suffice to prevent their return. The Court affirmed the High Court’s reasoning, holding that European Union law requires consideration of individual circumstances and vulnerability, not just general living conditions, and the appellants failed to provide specific evidence showing they personally faced a real risk of extreme material poverty amounting to inhuman or degrading treatment. Further, the Court held that a technical breach regarding notification of a report relied upon by the appeals tribunal did not render the process unfair or unlawful, since the applicants had ample opportunity to address the relevant issues. The Court upheld the original High Court judgment and refused relief, proposing that costs follow the event.
international protection – inadmissibility decision – judicial review – appeal dismissed – mutual trust principle – individual assessment – refugee status – Somali nationals – EU law interpretation – Charter of Fundamental Rights of the European Union – extreme material poverty – vulnerability – procedural fairness – Country of Origin Information – International Protection Act 2015 – s. 46(8)(b) International Protection Act 2015 – Dublin III Regulation – Court of Justice of the European Union – costs