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Ireland / Supreme Court / [2014] IESC 29

TD, ND (a minor suing by her mother and next friend TD) and AD (a minor suing by his mother and next friend TD) v Minister for Justice, Equality and Law Reform, Attorney General and Ireland

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court
Type:
Decision
Decision date:
10/04/2014

Key facts of the case:

The respondents were failed asylum seekers who sought to contest, by means of judicial review, a number of decisions whereby the State refused them recognition as refugees pursuant to s. 17 of the Refugee Act 1966. The State argued that their application for judicial review was out of time as s. 5 of the Illegal Immigrants (Trafficking) Act 2000 imposes a 14 day time limit on the making of an application for leave to initiate judicial review proceedings in asylum cases. The High Court had raised, of its own motion, the question of whether the time limit imposed by s. 5(2) was compatible with the principles of equivalence and effectiveness under EU law. The Supreme Court reviewed the High Court’s decision on this issue and also referred to Article 47 of the Charter of Fundamental Rights regarding the right to an effective remedy.