High Court, in judicial review proceedings relating to an international protection applicant's challenge to a Dublin III transfer, as well as an application for an injunction restraining the Minister from transferring the applicant back to Spain, grants leave for judicial review on several grounds, and grants an injunction restraining the Minister from proceeding with the transfer, despite the injunction having the effect of preventing the respondent from transferring the applicant under the Dublin III Regulation where the time limit will elapse, on the grounds, inter alia, that the Minister failed to make a decision on the applicant's application before being transferred, which would run contrary to justice for the applicant to be transferred before a decision is made.
Application for leaving seeking judicial review - additional application for an injunction restraining the Minister from transferring the applicant back to Spain - Dublin III Regulations - applicant Algerian national - had crossed border into Spain from Algeria in July 2021 - applicant eventually in Ireland - IPO made a request to Spain to “take back”under Article 13(1) - Spain accepted - applicant's solicitors opposed arguing applicant was at risk of destitution - and onward refoulement if returned to Spain - no decision made by Minister in respect of Article 17 decision - applicant has been waiting over 19 months - substantial grounds - court grants leave on several separate grounds - court considers injunctive relief - considers prejudice to respondents and applicant - significant prejudice to respondent given it would prevent the respondent from transferring the applicant under the Dublin III Reg - given time limit on take back request - court notes however Minister’s failure to make a decision on the applicant’s Article 17 application - injunction granted - applicant entitled at a minimum to a decision.