Courts / Dublin / Report

Woman who arrived from Belgium fails in bid to have asylum application considered here

Summary

The Court of Appeal has dismissed an appeal by a woman from the Democratic Republic of Congo, upholding a decision that her application for international protection must be considered by Belgian authorities. The defendant, who arrived in Ireland from Brussels after holding a Belgian visa, challenged a transfer order under the EU's Dublin Regulations. She alleged that returning to Belgium would expose her to inhuman and degrading treatment due to systemic failures in its asylum procedures and reception conditions. The woman pleaded that she should be allowed to remain in Ireland on humanitarian grounds, citing relationships formed during her three-year stay and risks associated with the pandemic. However, the Minister for Justice refused to halt the transfer, determining that no exceptional circumstances existed to override the Dublin framework and that the move would not breach her rights under the European Convention on Human Rights. In prior High Court judicial review proceedings, Mr Justice Cian Ferriter dismissed her action, finding the Minister had properly considered her application. The Court of Appeal, comprising Mr Justice John Edwards, Ms Justice Mary Faherty, and Mr Justice Maurice Collins, upheld this decision. Mr Justice Collins noted the case raised difficult arguments regarding EU regulations but concluded the Minister was entitled to hold that the proposed transfer did not violate the woman's rights. The appeal was dismissed, confirming that the Belgian authorities retain responsibility for her asylum claim.

Who, what, where, when and why

What: Report matter: Woman who arrived from Belgium fails in bid to have asylum application considered here. Procedural stage: appeal

When:

• 2022-01-27 Publication

Why: The woman, from the Democratic Republic of Congo, pleaded that she should be allowed remain here on humanitarian grounds because she had formed relationships during her time in Ireland and due to the risks posed by Covid-19. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Related court reports

• Man charged with having 56k child abuse images and videos remanded on bail
• Ex-Dáil hopeful's allegations against former employer 'complete fantasy', WRC told
• Mater must pay €10k to worker who said he was wrongly accused of abusing patient
• 'I think we know I won't be getting bail' - Daniel Kinahan charged with directing criminal organisation
• Letting agent who claimed alleged domestic violence victim abandoned tenancy by fleeing to refuge must pay €14.7k
• 77-year-old with 470 convictions told Luas staff to 'f**k off'

Read the original CNI report