Dublin II in Ireland

last update: August 2010

When asylum seekers arrive in Ireland, they can apply for legal aid in the form of the Refugee Legal Service.  This is subsidized and nominal to the applicant and is subject to a means test.  The Refugee Legal Service, as well as private practitioners, have challenged Dublin II transfers to Greece in the High Court in the form of Judicial Reviews in recent months.  We are still awaiting the decisions of these cases.  In some cases, legal representation have been successful in securing injunctions until a decision is reached on the Judicial Review.  Any asylum seeker arriving in Ireland having come from Greece should register with the Refugee Legal Service immediately

Irish Refugee Council
2nd Floor
Ballast House
Aston Quay
Dublin 2
Tel.:00353-(0)1 764 58 54
Fax: 00353-(0)1 672 59 27
Email: info(at)irishrefugeecouncil.ie
Website: www.irishrefugeecouncil.ie

UNHCR Information on Dublin II transfers especially to Greece - Abstract Ireland

last update: UNHCR, 16/06/2010

In Ireland, the High Court ruled in October 2009 that absent a risk of a violation of Article of the ECHR, a Member State is not obliged to refuse transfer where here is evidence that another Member State is not complying with its obligations and that it was for the European Commission to address this matter. On 11 February 2010, three applicants contesting their transfer to Greece were granted leave to appeal to the Supreme Court. The key point of contention between the parties is the content of the “sovereignty clause”, which according to counsel for the Minister is relevant only if Article 3 of the ECHR is in play, and according to counsel for the applicants is also in play for broader concerns about reception conditions, access to the procedure, and the asylum procedure itself. On 2 March 2010, the High Court approved the wording of the point of law to be appealed to the Supreme Court as follows:
“On the assumption that issues relevant to Article 3 of the ECHR do not arise, what is the extent of the obligation or entitlement on the part of the Office of the Refugee Applications Commissioner, pursuant to Council Regulation (EC) No. 343/2003, to assess whether the Member State prima facie responsible for taking back an applicant for asylum status operates an asylum system which fails to accord with the obligations of that Member State pursuant to that Regulation?”
Numerous injunctions against transfers from Ireland to Greece have been put in place pending a decision in this case.

Pending a decision from the Supreme Court and in view of the growing number of injunctions against transfers to Greece, another case was brought before the High Court in May 2010 with a hearing scheduled for 22–24 June. This case joins those of four single men in their 20s from Afghanistan, Algeria and Iran who had secured injunctions preventing their transfer to Greece since the Mirza judgment. UNHCR is intervening as amicus curiae in this case.

full report see: UNHCR Information Note on National Practice in the Application of Article 3(2) of the Dublin II Regulation in particular in the context of intended transfers to Greece

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