Anisimova v Minister for Justice

• Jurisdiction: Ireland
• Judge: Justice Morris
• Judgment Date: 18 February 1997
• Neutral Citation: [1997] IEHC 29
• Docket Number: No. 104JR 1996
• Court: High Court
• Date: 18 February 1997

[1997] IEHC 29

THE HIGH COURT

No. 104JR 1996

ANISIMOVA v. MIN JUSTICE

JUDICIAL REVIEW

BETWEEN

OLGA ANISIMOVA

APPLICANT

AND

MINISTER FOR JUSTICE

RESPONDENT

Citations:

UNITED NATIONS CONVENTION ON THE STATUS OF REFUGEES 1951

PROTOCOL ON THE STATUS OF REFUGEES 1967

FAKIH V MIN FOR JUSTICE 1993 2 IR 406

Synopsis:

Judicial Review

Order of mandamus sought; declaratory relief; injunction sought restraining respondent from making deportation order against applicant; Russian national arrived in jurisdiction via U.K.; applied for political asylum; application refused; whether Minister failed to act in accordance with U.N. Convention on the Status of Refugees and Stateless Persons,1951; Protocol on the Status of Refugees, 1967; whether Minister precluded from examining application for asylum; whether U.K. host third country; whether "first safe country" principle applicable in refusing application for refugee status Held: Reliefs refused; Minister not obliged to examine applicant's claim; (High Court: Morris J 18/02/1997)

Anisimova v. Minister for Justice

[1998] 1 IR 186

1 Judgment of Justice Morrisdelivered on the 18th day of Feb 1997.

2 This matter comes before the Court by way of an application for Judicial Review. The Applicant seeks:-

3 (a) An Order of Mandamus directing the Respondent to consider the application of the Applicant for refugee status as defined in accordance with the United Nations Convention on the Status of Refugees of 1951 as amended by the Protocol on the Status of Refugees of 1967.

4 (b) A declaration that the Applicant is entitled to have her application for refugee status determined in accordance with the agreement on procedures agreed between the Respondent and the United Nation High Commissioners for Refugees as set out in a letter dated the 13th December, 1986 from CathalCrowley, Assistant Secretary of the Department of Justice to Mr. Von Arnim, United Nations High Commissioner for Refugees,Representative.

5 (c) An injunction restraining the Respondent from making a Deportation Order or from removing the Applicant from the jurisdiction until her application has been considered in accordance with the agreedprocedures.

6 The facts of the case are as follows. The Applicant is a Russian national from Maldova. She arrived in Ireland from the United Kingdom on the 22nd February, 1996. When she left Maldova, it was her intentions at all times to come straight to Ireland but she was only able to obtain an entry visa for the United Kingdom. On arrival at Heathrow Airport, London she immediately proceeded by way of public transport to the Ferry Terminal at Holyhead where she took a ferry to Dublin. She spent less than 24 hours on United Kingdom soil while she was on transit to Ireland. On arrival in Dublin she made contact with the Irish Refugee Council and she and her daughter were placed in a bed and breakfast accommodation in Dublin and remained there from her arrival on the 22nd February, 1996 to the 13th March, 1996 when she was transferred to accommodation at Bow Lane West, Dublin 8.

7 On the 27th February, 1996 she attended at the offices of the Department of Justice and made application for political asylum. As she had not got her passport with her on that date she returned on the 28th February, 1996 with her passport. Mr. Barry O'Hara, a Civil Servant in the Department of Justice arranged for contact to be made with the United Kingdom Immigration Authorities and received an undertaking from the United Kingdom Authorities to accept the Applicant back and to deal with an asylum application should one be made. He also arranged that the United Nations High Commissioner for Refugees was also contacted for their agreement to the refusal by the Irish Authorities to accept theApplicant'sapplication for asylum and they received approval from the United Nations High Commissioner for Refugees.

8 An examination of the Applicant's passport reveals that she was in possession of a single entry student visa for the United Kingdom which had been granted at the British Embassy in Kiev that she had arrived in London on the 21st February, 1996. The passport was endorsed with leave to enter the United Kingdom for six months provided that the passport holder did not enter employment or engage in any business or profession. Mr. O'Hara contacted Mr....