Category: immigration

D and another v Refugee Applications Commissioner (Ireland) and others: (Case C-175/11);   [2013] WLR (D)  39

“Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status (OJ 2005 L326, p 13) did not preclude a member state from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that Directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant. Article 39 did not preclude national legislation which allowed an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority’s decision before the High Court, the judgments of which might be the subject of an appeal to the Supreme Court (Ireland).”

WLR Daily, 31st January 2013

Source: www.iclr.co.uk