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Decision to transfer asylum applicant to UK was lawful

By: Ian Fitzharris BL

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High Court, in asylum and immigration judicial review proceedings, dismisses application to quash a decision of Refugee Appeals Tribunal which affirmed the decision of the Refugee Applicants Commissioner to transfer the applicant to the UK as the proper and lawful member state responsible for examining his application for international protection, on the grounds that the applicant's proceedings constitute an abuse of process in that the applicant is guilty of a lack of candour given the information and facts he has relied upon, and where an interlocutory injunction granted to the applicant preventing his transfer to the UK pending the determination of the proceedings does not legally have the effect of suspending the time period in which the State is obliged to make the transfer.

Judicial review - decision proposing transfer of applicant to UK as member state responsible for examining application for international protection - refugee applications commissioner - Dublin system - initial asylum application in the State - application for international protection - failed internal appeal to refugee appeals tribunal who affirmed decision to transfer - applicant absconded by failing to present himself for transfer - reliefs sought - mandamus restraining transfer - whether transfer a breach of Dublin III regulation - whether transfer would be a breach of EU free movement directive - facts averred by applicant's solicitor - interlocutory injunction granted on consent preventing transfer pending determination of judicial review - whether time limits to transfer persons are justiciable at instance of applicant challenging decision to transfer - whether applicant disentitled to a benefit in these proceedings because of manifest and egregious bad conduct - whether a breach of time limits imposed under Dublin III regulation - alleged marriage of convenience entered into - literal reading of Dublin III regulation - six month time limit for transfer runs from appeal or review, the injunction granted does related to regulation article determining suspension of transfer for certain time periods - abuse of process - breach of duty of candour - application dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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