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Court of Appeal upholds the High Court's decision declaring the International Protection Act 2015 (Safe Third Country) Order 2020 invalid under EU law. The High Court had previously quashed decisions related to the return of international protection applicants to the United Kingdom, deemed a safe third country. The State's appeal contested the High Court's ruling, while the respondents cross-appealed on several points, including the mootness of the proceedings in light of new legislation. The Court of Appeal considered the amendments made by the 2024 Act, which addressed the EU law incompatibilities identified by the High Court, but determined that the legality of the 2020 Order remained a live controversy. The court also refused to admit new evidence from Dáil debates, as it was not admissible for the purposes advanced by the respondents.
International Protection Act 2015, Safe Third Country Order 2020, Court of Appeal, High Court, Return Order, International Protection Appeals Tribunal (IPAT), EU law, Geneva Convention, Article 15(c) serious harm, Recast Qualification Directive, Interpretation Act 2005, Oireachtas, legislative amendments, mootness, admissibility of evidence, Rules of the Superior Courts (RSC), Dáil debates, exclusionary rule.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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