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EU Judgment in Case C-359/22 Minister for Justice: Discretionary clause – Appeal
18 April
Thursday 18th April 2024
Judgment in Case C-359/22 Minister for Justice (Discretionary clause – Appeal)
(Area of freedom, security and justice – Asylum policy)
The Irish High Court asked for guidance concerning the interpretation of the application of Regulation (EU) No 604/2013 (the “Dublin III Regulation”), particularly with reference to Articles 17, 27 and 29, as well as Article 47 of the Charter of Fundamental Rights of the European Union (the “Charter”) on a case initiated by AHY, a Somali national.
The application was made in the context of a dispute between AHY and the Irish Minister for Justice (the “Minister”) concerning the latter’s decision refusing to exercise his discretion under Article 17 of the Dublin III Regulation to consider AHY’s application for international protection and indicating he would be transferred to Sweden.
On January 21, 2020, AHY applied for international protection in Ireland.
From a Eurodac search for the comparison of fingerprints (Regulation (EU) No 603/2013), it emerged that he had already made two applications for international protection in Sweden – in November 2012 and October 2017. Both applications had been rejected.
The Irish authorities requested to Sweden to take back AHY. Sweden accepted the request on February 19, 2020.
On July 23, 2020, AHY was notified of the decision of International Protection Office (“IPO”) to transfer him to Sweden.
On August 5, 2020, AHY appealed against this decision to the International Protection Appeals Tribunal, requesting the application of the discretionary clause provided for in Article 17 of the Dublin III Regulation.
The International Protection Appeals Tribunal rejected this appeal on the October 5, 2021.
AHY applied to the Minister on November 15, 2021 for the exercise of the discretion referred to in the above-mentioned Article 17.
The request was rejected on February 16, 2022 prompting AHY’s appeal against the Minister’s decision to the referring court.
Details
- Date:
- 18 April
- Event Categories:
- EU Court of Justice, EVENT, IEU AGENDA
- Event Tags:
- C-359/22 Minister for Justice, Ireland
Venue
- EU Court of Justice
-
Palais de la Cour de Justice, Boulevard Konrad Adenauer, Kirchberg
Luxembourg, 2925 Luxembourg + Google Map - Phone
- +35243031
Organizer
- EU Court of Justice
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