An international protection applicant has been ordered to pay the State’s legal costs after his High Court challenge to a proposed transfer to Austria became moot.
The applicant, identified as AEK, had challenged an International Protection Appeals Tribunal decision refusing his appeal against a transfer to Austria under the Dublin III Regulation. That system can make another EU member state responsible for examining an international protection claim where an earlier application was made there.
After judicial review proceedings began, AEK also sought to amend his case to raise the Minister’s discretion under Article 17(1), relying on his relationship with an Irish citizen whom he was engaged to marry in July 2024.
The entire case became moot on 14 March 2024 when the six-month period available for transferring him to Austria expired. The amendment application had not yet been heard, meaning the only live issue when the case became moot was the challenge to the transfer decision.
AEK sought 50% of his costs. He argued that the proceedings had produced the practical benefit he wanted because he was not transferred to Austria.
The respondents argued that the case became moot because time expired after AEK failed to present for removal arrangements. The court recorded that he did not attend Dublin Airport for a scheduled flight on 1 March 2024. He also failed to present to the Garda National Immigration Bureau on 11 March after receiving a further direction, leading to cancellation of a flight booked for 13 March.
AEK said illness prevented the first attendance and relied on an incorrect communication suggesting arrangements would be made in April. However, the court found that a later letter clearly directed him to attend the GNIB on 11 March and that neither he nor his solicitor claimed it had not been received or understood.
Ms Justice Bolger held that responsibility for the proceedings becoming moot rested with AEK. His application for half costs was refused and the respondents were awarded their costs, including the costs of the costs application.