ALJ and A, B and C's
Application for Judicial
Review, [2013] NIQB 88
Access judgment here
Kirsty Linkin
Law Centre (NI) 2014
The facts
• ALJ and her 3 children, A, B and C
– Sudanese Non-Arab Darfuris
– Claimed asylum in Ireland - refused
• Race and Political opinion
– Appealed - refused
– Applied for Subsidiary Protection
The facts 2
• Balseskin Reception Centre, Finglas
– Caravan
– Communal canteen
– Attempted sexual assault
• Hibernian Hotel, Portlaoise
– ALJ and B one room, A and C one bed
– Dirty, cold, damp, rats
– Asthma
The facts 3
• Hostel, Cork
– One room
– Rejected
• Hibernian Hotel, Portlaoise
– ALJ and B one room, A and C one bed
– Dirty, cold, damp, rats
– Asthma
• Co West Meath
– Far from the children's schools/college
The facts 4
• Travelled to Northern Ireland and
claimed asylum 25 July 2011
– UKBA request, Ireland accepted
– Removal directions made for ALJ and
family to be removed to Ireland
– ALJ applied for judicial review
The legal context
• Council Regulation No 343/2003
(“Dublin II Regulation”)
– Article 3(2) discretion
– NS v UK [2011] EUECJ Case C-411/10
• “Systemic deficiency”
• European Charter of Fundamental
Rights – Arts 1, 4, and 7
The legal context 2
• Council Directive 2003/9/EC
(“Minimum Standards Directive”)
• Section 55 BCIA 2009
The legal context 3
•Approx 40 cases were held in
abeyance pending judgment in ALJ
•Removals under Dublin II Regulation
• Including approx 4 other
families
• Mixed nationalities
Stephens J's findings
“It is considered that your client and her
family will have the same opportunities for
development, and will receive the same
level of support, in Ireland.” (UKBA Sep
2011)
“Any analysis of the best interests of the
children would have led to the inevitable
conclusion that the best interests of the
children favoured remaining in Northern
Ireland.” (Stephens J, para 102)
Stephens J's findings 2
• Breach of Charter rights
• deferred to the courts of Ireland
• declined to find “systemic deficiency”
• Minimum Standards Directive – not met
• Failed in duty under s55 BCIA 2009
• Or Irrational (Wednesbury unreasonable)
Stephens J's findings 3
•
•
•
•
•
•
•
Financial independence
Time spent in Direct Provision
Prospect of work
Well-being of primary carer
Accommodation – separate, quality
Health issues in Direct Provision
Procedural issues in asylum decision
system
Impact
• ALJ and family accepted into asylum
system in UK
• Other families with children
• reconsideration
• Other families in the future
• Impetus for change
Further developments
• Regulation (EU) No 604/2013
(“Dublin III Regulation”)
• EM (Eritrea) and ors v SSHD [2014] UKSC
12
• Access judgment here