Website met de Ierse uitspraken op het gebied van asiel en immigratie ( Gebonden door zelfde verdragen)
Stare Decisis Hibernia
All recently-published judgments of the Irish Superior Courts
http://promexsolutions.com/stare/category/asylum-and-immigration/
Zoals bijvoorbeeld deze:
N. N. [Cameroon] v. Minister for Justice [2012] IEHC 499 (High Court, Clark J (Maureen), 28 November 2012)
High Court refuses judicial review of decision to refuse subsidiary protection of a Cameroonian national, on grounds that the Minister did not made a material error of law, in that the Irish law implementing an EU directive had to be interpreted in light of the directive.
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M E O v. Minister for Justice [2012] IEHC 545 (High Court, Hogan J, 5 September 2011)
High Court grants leave to apply for judicial review of order to deport a Nigerian woman suffering from HIV, on the grounds that: i) the Minister’s made a material error of fact in concluding that her concerns of access to anti-retroviral therapy were “unfounded”, in that he used selective information and breached fair procedure in failing to disclose specialised material; ii) the decision breached applicant’s right to life and right to private and family life under the constitution and the European Convention on Human Rights.
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Mallak v Minister for Justice [2012] IESC 59 (Supreme Court, Fennelly J, 6 December 2012)
Supreme Court allows appeal from High Court, and grants judicial review of decision to refuse certificate of naturalisation, on grounds that the Minister failed to give reasons for the refusal.
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Li v. Governor of Cloverhill Prison [2012] IEHC 493 (High Court, Hogan J, 28 November 2012)
High Court directs release of illegal immigrant pursuant to inquiry into the lawfulness of his detention, on grounds that the power to arrest him for failure to co-operate represented a form of preventative civil detention which, if the constitutional prohibition on detention save in due course of law meant anything at all, meant that the objective necessity for such detention had to be compellingly established.
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Nawaz v. Minister for Justice [2012] IESC 58 (Supreme Court, Clarke J, 29 November 2012)
Supreme Court: a) on appeal from High Court refusal of judicial review, refers to the European Court of Justice the question of whether Ireland’s subsidiary protection procedures were in compliance with European law, in view of the fact that such protection was only available to failed asylum seekers; and b) in separate plenary action, allows appeal from declaration in the High Court that legislation providing for humanitarian leave applications was inconsistent with the constitution, on the grounds that the challenge should have been brought by way of judicial review.
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All recently-published judgments of the Irish Superior Courts
http://promexsolutions.com/stare/category/asylum-and-immigration/
Zoals bijvoorbeeld deze:
Regulations governing subsidiary protection had to be interpreted in light of EU directive
By: James Cross BL on 18/12/2012N. N. [Cameroon] v. Minister for Justice [2012] IEHC 499 (High Court, Clark J (Maureen), 28 November 2012)
High Court refuses judicial review of decision to refuse subsidiary protection of a Cameroonian national, on grounds that the Minister did not made a material error of law, in that the Irish law implementing an EU directive had to be interpreted in light of the directive.
Read More
Minister failed to disclose specialised reports in deciding to deport HIV sufferer
By: James Cross BL on 13/12/2012M E O v. Minister for Justice [2012] IEHC 545 (High Court, Hogan J, 5 September 2011)
High Court grants leave to apply for judicial review of order to deport a Nigerian woman suffering from HIV, on the grounds that: i) the Minister’s made a material error of fact in concluding that her concerns of access to anti-retroviral therapy were “unfounded”, in that he used selective information and breached fair procedure in failing to disclose specialised material; ii) the decision breached applicant’s right to life and right to private and family life under the constitution and the European Convention on Human Rights.
Read More
Reasons should have been given for refusal of certificate of naturalisation
By: James Cross BL on 13/12/2012Mallak v Minister for Justice [2012] IESC 59 (Supreme Court, Fennelly J, 6 December 2012)
Supreme Court allows appeal from High Court, and grants judicial review of decision to refuse certificate of naturalisation, on grounds that the Minister failed to give reasons for the refusal.
Read More
Detention of illegal immigrant for failure to co-operate had to be objectively justified
By: Ciaran Joyce BL on 13/12/2012Li v. Governor of Cloverhill Prison [2012] IEHC 493 (High Court, Hogan J, 28 November 2012)
High Court directs release of illegal immigrant pursuant to inquiry into the lawfulness of his detention, on grounds that the power to arrest him for failure to co-operate represented a form of preventative civil detention which, if the constitutional prohibition on detention save in due course of law meant anything at all, meant that the objective necessity for such detention had to be compellingly established.
Read More
Subsidiary protection procedures referred to European Court of Justice
By: James Cross BL on 12/12/2012Nawaz v. Minister for Justice [2012] IESC 58 (Supreme Court, Clarke J, 29 November 2012)
Supreme Court: a) on appeal from High Court refusal of judicial review, refers to the European Court of Justice the question of whether Ireland’s subsidiary protection procedures were in compliance with European law, in view of the fact that such protection was only available to failed asylum seekers; and b) in separate plenary action, allows appeal from declaration in the High Court that legislation providing for humanitarian leave applications was inconsistent with the constitution, on the grounds that the challenge should have been brought by way of judicial review.
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Reacties
Ik zou het prettig vinden, en misschien andere lezers ook, dat er bij dergelijke uitspraken even wordt aangegeven waarom ze interessant kunnnen zijn voor de Nederlandse rechtspraktijk. Zo kan je als lezer snel zien of een uitspraak relevant is voor jou of niet. Het is een suggestie, maar ik kan me ook voorstellen dat u het te veel werk vindt. Ik waardeer sowieso het werk dat u in deze site steekt.
Vriendelijke groet!