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Court of Appeal allows appeal and varies a High Court order by granting the applicant leave to argue an additional ground of judicial review in a case concerning an asylum seeker in Ireland who had previously applied for asylum in a different country, on the grounds that the judicial review should include the question of whether the International Protection Appeals Tribunal erred in law by ruling that it had no jurisdiction to exercise the jurisdiction conferred on it by EU legislation permitting it to examine an application for international protection lodged with it by a third-country national or a stateless person, even if such examination is not its responsibility.
Asylum and immigration – judicial review – Dublin III Regulation (Council Regulation (EC) No. 604/2013) – interpretation of the discretionary provisions of Article 17(1) – challenge to decision of International Protection Appeals Tribunal – whether the IPAT itself was entitled to exercise the discretion conferred by Article 17 of the Dublin III Regulation – whether the IPAT was entitled itself to have regard to the potential impact of Article 8 ECHR in deciding whether or not to set aside the transfer order – Tribunal member was in fact under an obligation to consider exercising the Article 17(1) jurisdiction – appeal allowed.
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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