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The Supreme Court allowed an appeal by the State against a Court of Appeal determination that recent legislative changes rendered the State’s appeal moot in two cases concerning the return of international protection applicants to a designated safe third country. The original High Court orders, which quashed and declared unlawful the process by which the UK was designated a safe third country for returning applicants, had been upheld as non-justiciable by the Court of Appeal after legislative amendments introduced more protections and lifted the UK’s designation. The Supreme Court held there remained a live controversy as to whether the State’s obligations arose under domestic or EU law, a central and unresolved issue with significant constitutional implications. The Court decided that, despite legislative changes, the core dispute regarding the legal basis for such obligations endures, and the appeal should be remitted to the Court of Appeal for full consideration on the merits.
international protection – asylum – safe third country – legislative amendment – mootness – Judicial Review – High Court – Court of Appeal – Supreme Court – Ireland – Minister for Justice – International Protection Act 2015 – Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 – Courts – Civil Law – Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 – Dublin III Regulations – Article 38 of the Recast Procedures Directive – Article 3(3) of the Dublin III Regulations – non-refoulement – Interpretation Act 2005 – certiorari – declaration – remittal – EU law obligations – domestic law
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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