Y. & Anor -v- Refugee Appeals Tribunal & Anor, [2009] IEHC 18 (2009)

Docket Number:2008 114 JR
Party Name:Y. & Anor, Refugee Appeals Tribunal & Anor
Judge:McMahon J.

THE HIGH COURT2008 114 JRBETWEENS.Y. & R.Y. (A MINOR SUING BY HER MOTHER AND NEXT FRIEND S.Y.)APPLICANTS ANDTHE REFUGEE APPEALS TRIBUNAL & THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORMRESPONDENTSJUDGMENT of Mr. Justice McMahon delivered on the 13th day of January, 2009The applicant arrived in Ireland in or about 9th October, 2006. Her date of birth is 16th November, 1983. Although ethnically from Eritrea, she has lived all her life in Sudan, but was not entitled to citizenship in either Sudan or Eritrea. She was a stateless person. She first came to Europe through Italy where she was recognised as a refugee in July, 2005. She was lawfully admitted into Ireland on her Italian travel documents.She applied for asylum in the State on her arrival on 9th October, 2006, and she duly completed the appropriate application forms. She was interviewed on the following day by an officer from the Refugee Applications Commissioner's office when she informed him that she had got asylum in Italy and that she had left Italy to come to Ireland because she could no longer live in Italy as the economic and social conditions were very difficult. She could find no work and had no proper home. She felt very vulnerable in the social circumstances in which she found herself, particularly since she was pregnant.Initially, the Refugee Applications Commissioner (R.A.C.) refused her permission and attempted to transfer her claim to Italy pursuant to the provisions of Council Regulation E.C./343/2003 of 18 February, 2003, establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, O.J.L 050/1 25.2.2003 ("the Dublin Regulation"). It subsequently transpired, however, that this was an error and the Refugee Appeals Tribunal (R.A.T.) indicated then that they would not enforce the transfer order made against her under that Regulation.On 14th June, 2007, she received a further communication from the office of the Refugee Applications Commissioner which conveyed the following decision to her. (The full letter is reproduced hereunder.) "Dear Ms. Y., I refer to your applications for asylum to the Office of the Refugee Application Commissioner on 10/10.2006.From an examination of the documents which you have produced in relation to your status it is noted that you were granted asylum in Italy.As you have not claimed to have a fear of persecution in that state and in accordance with Section 17(4) of the Refugee Act, 1996, as amended, the Minister is precluded from giving a declaration that you are a refugee.No purpose would be served by investigating your claim, accordingly your application is not being admitted for processing."Shortly thereafter on 19th June, 2007, she received another letter, this time from the office of the Minister for Justice, Equality and Law Reform which replied to her letter dated 18th May, 2007, wherein she had requested that the refugee status granted to her in Italy should be transferred to Ireland. "Dear Madam, I am directed by the Tánaiste and Minister for Justice, Equality and Law Reform to acknowledge receipt of your facsimile correspondence dated 18 May 2007 which has been forwarded to this Unit for attention.Please note that there is no provision in Irish law which allows for the transference of refugee status granted in another E.U. State to Ireland."On 5th February, 2008, leave to apply by way of application for judicial review was granted by Charleton J. for orders of certiorari quashing the decision of the first...

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