The Dublin Regulation is a European Union (EU) law that determines which EU Member State is responsible for the examination of an application for asylum, submitted by persons seeking international protection under the Geneva Convention and the EU Qualification Directive, within the European Union. It is the cornerstone of the Dublin System, which consists of the Dublin Regulation and the EURODAC Regulation, which establishes a Europe-wide fingerprinting database for unauthorised entrants to the EU. The Dublin Regulation aims to "determine rapidly the Member State responsible [for an asylum claim]" and provides for the transfer of an asylum seeker to that Member State.
The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a directive of the European Union in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonises the treatment of databases under copyright law and the sui generis right for the creators of databases which do not qualify for copyright.
The United Nations High Commissioner for Refugees Representation in Cyprus is an office of the United Nations High Commissioner for Refugees (UNHCR) opened in August 1974 upon the request of the Government of Cyprus and the Secretary-General of the United Nations. UNHCR Representation in Cyprus was designated as Coordinator of the United Nations Humanitarian Assistance for Cyprus. UNHCR was also responsible upon the request of the Cyprus Government to examine applications for refugee status.
Maximilian Schrems is an Austrian activist, lawyer, and author who became known for campaigns against Facebook for its privacy violations, including violations of European privacy laws and the alleged transfer of personal data to the US National Security Agency (NSA) as part of the NSA's PRISM program. Schrems is the founder of NOYB – European Center for Digital Rights.
Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne is a 2018 case of the European Court of Justice (ECJ) that affirmed residency rights in EU countries, to the spouse of an EU citizen who is exercising their right to freedom of movement and if the marriage was legally performed in an EU member state.
Adam v The Minister for Justice, Equality and Law Reform [2001] IESC 38 is a reported decision of the Irish Supreme Court, in which the Court, in affirming High Court orders to strike out two judicial review proceedings as frivolous, held that, to challenge the decision of a public authority, one must attempt to rely on proved individual circumstances.
In the case of Meadows v Minister for Justice, Equality, and Law Reform [2010] IESC 3; [2010] 2 IR 701; [2011] 2 ILRM 157, the Supreme Court of Ireland found that the proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on Human Rights. While the case concerned an application for judicial review of an asylum decision, the decision was described as carrying “implications for the whole body of Irish administrative law”.
P., L., & B. v Minister for Justice Equality and Law Reform [2001] IESC 107, [2002] 1 ILRM 16 was an Irish Supreme Court case in which the Court ruled that refusal of an application for asylum may constitute a sufficient basis for the government to order the applicant's deportation.
The case of Dimbo v Minister for Justice[2008] IESC 26; [2008] 27 ILT 231; [2008] 5 JIC 0101 was a Supreme Court that held that when deciding to make a deportation order in relation to the parents of an Irish born citizen under s.3 of the Immigration Act 1999, the state must consider facts that are specific to the individual child, his or her age, current educational progress, development and opportunities and his/her attachment to the community.
Grace and anor v An Bórd Pleanála & ors[2017] IESC 10 is an Irish Supreme Court case in which the Court clarified the criteria for ''standing'' in relation to judicial review of environmental concerns.
N.H.V. v Minister for Justice & Equality [2017] IESC 35 was an Irish Supreme Court case in which the Court upheld a challenge to the absolute prohibition on employment of asylum seekers contained in Section 9(4) of the Refugee Act 1996 and held it to be contrary to the constitutional right to seek employment.
AAA & Anor v Minister for Justice & Ors, [2017] IESC 80, was an Irish Supreme Court case which arose from the judgment delivered by Cooke J in the High Court on 17 May 2012, due to the fact that the applicant AAA and her children were deported to Nigeria in 2011. The court held that "as a rule" there is no right to an oral hearing in an application for leave to remain on humanitarian grounds and subsidiary protection where there has already been oral hearings in relation to an application for asylum. This decision clarified the grounds under which a claim for subsidiary protection could be heard.
Z. v Minister for Justice, Equality and Law Reform[2002] IESC 14, [2002]; 2 ILRM 215 is an Irish Supreme Court case where the Court ruled that the absence of an oral hearing need not infringe the right of an applicant for refugee status to natural and constitutional justice.
A.M.S. v Minister for Justice and Equality [2014] IESC 65, [2015] 1 I.L.R.M. 170 was an Irish Supreme Court case in which the Court held that s.18 (4) of the Refugee Act 1996 allowed the Minister for Justice to evaluate the financial burden that a refugee's dependents may put on the State, whilst determining an application for entry.
A v Minister for Justice and Equality, Refugee Applications Commissioner, Ireland and the Attorney General[2013] IESC 18, (2013) 2 ILRM 457 is an Irish Supreme Court case where the Supreme Court concluded that a certificate of leave to appeal was not required in order to appeal to the Supreme Court a decision of the High Court to dismiss proceedings as frivolous or vexatious.
CC v Minister for Justice [2016] 2 IR 680; [2016] IESC 48 is an Irish Supreme Court case in which the Court dismissed an appeal by the State to issue a deportation order against a Malawian family who were seeking asylum in Ireland. In this case, the Court had to reexamine a previously established test with respect to whether an order for deportation could be granted where an appeal was pending within the courts system. Ultimately, the Court decided that there was no need for refinements as the general principle identified in that test can be applied across a wide number of cases.
Okunade v. Minister for Justice & Others[2012] IESC 49 was an Irish Supreme Court case in which the Court ruled that the disruption to family life was sufficient injustice to grant an interlocutory injunction to restrain deportation while the applicants challenged pending deportation orders. The case had become moot by the time that the appeal reached the Supreme Court but proceeded as a test case due to the because the issue of interlocutory injunctions arises in a significant number of Supreme Court cases.
Lobe v Minister for Justice, Equality and Law Reform [2003] IESC 3 was an Irish Supreme Court case in which the Court found that the applicant minors enjoy, in general terms, the right not to be expelled form the state—a right subject to limited qualification. Furthermore, the court found that applicant minors enjoy a constitutional right to be in the care and company of other family members, including their siblings in the state. The consequences of this ruling were significant in that it prohibits the state from deporting the parents and other family members of minors who are applying for asylum until the process is resolved. The case established the "primacy" of the family unit. However, the ruling also resulted in the finding that an Irish citizen who is a minor could, nevertheless, be deported if their non-national parents were deported.
C-821/19 was a case decided by the European Court of Justice (CJEU) on 16 November 2021. The CJEU ruled that Hungary had violated EU law by restricting access to asylum and criminalizing assistance to asylum seekers.
