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Only Minister for Justice had discretion concerning non-transfer of asylum seeker to other EU member state

By: Mark Tottenham BL

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Supreme Court allows appeal from Court of Appeal, and determines that the discretion vested in the Minister for Justice not to transfer an applicant for asylum to the EU member state in which they first arrived could only be exercised by the Minister and could not be exercised by the Office of the Refugee Applications Commissioner or the Refugee Appeals Tribunal.

Charleton J (nem diss): Asylum and immigration - claim to be a refugee - prior claim in other member state of European Union - whether to transfer claimant to other EU member state - article 17 of Regulation EU 604/2013 - Dublin III Regulation - European Union (Dublin System) Regulations 2014, SI 525 of 2014 - discretion not to transfer applicant to other member state - discretion on Minister for Justice - whether discretion could be devolved onto other bodies - family from Pakistan - arrived in Great Britain and travelled to Ireland - transfer of asylum application to Great Britain - appeal - whether ORAC had discretion to consider substantive application in Ireland - whether discretion ultra vires ORAC - determination upheld by RAT and High Court - appeal to Court of Appeal allowed.

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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