High Court dismisses applicant's claim that Minister failed to assess special reception needs within 30 days.
Ireland (IE)
Legislator summary
AI generatedThe High Court dismissed the applicant's application for certiorari against the Minister for Justice. The applicant, a minor with a mother, argued the Minister failed to assess her as a recipient with special reception needs within the statutory 30-day window. The court held that Regulation 8 permits the Minister to continue assessments beyond the initial period if necessary, and the Minister had not breached the time limit.
Legislator headnote
AI generatedRegulation 8(1) of the Reception Conditions Regulations 2018; The Minister may continue assessing whether an applicant has special reception needs beyond the initial 30-day period if it remains necessary to do so.
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AI generatedFull text
THE HIGH COURT
2018 No. 882 JR
X AND Y (A MINOR SUING BY HER MOTHER AND NEXT FRIEND X)
Applicant
– and –
THE MINISTER FOR JUSTICE AND EQUALITY
Respondent
JUDGMENT of Mr Justice Max Barrett delivered on 5th March, 2019.
submitted an application for international protection requested accommodation for my daughter and
officer with whom I was speaking pointed at my daughter…and stated that we had obviously slept somewhere the night before and…should return
there.
Material reception conditions are only provided to applicants that do not have sufficient means to have an adequate
standard of living. You are now requested to complete the attached declaration and return it to the Reception and Integration Agency…without delay”.
vulnerability assessment”
inter alia a single mother…relies…on…her
cousin to take care of her daughter has a history of depression…in and…Ireland….She is not currently taking…
medication but…relies...on a support network in Dublin. She is frightened that her depression will return if that…network is removed (particularly her
cousin)…impact on her ability to care for her daughter
advice in relation to the issue of this woman having to remain in Dublin”. “I see no medical indications
for her to be accommodated in Dublin”.
assessed
assessed in accordance with
Regulation 8
Regulation 8(1) requires the Minister to assess whether a recipient is a
recipient with special reception needs; and permits the Minister to continue to do so after the expiry of the 30 working day period as necessary….The
Minister’s case is that the question of whether the applicant was a recipient with special reception needs was assessed within 30 working days; and that the
Minister continues to assess this question thereafter (and was continuing to do so when the proceedings were initiated).”
where he or she
considers it necessary to do so
“has
been considered in line with the…Regulations”
vulnerable person
not have sufficient means to have an adequate standard
of living”
not have sufficient means to have an
adequate standard of living”
not have sufficient means to have an adequate standard of living”
Member States shall ensure that material reception conditions are available to applicants when they make their application for international
protection”.
Francovich and Others
Brasserie du Pêcheur v. Federal Republic of Germany and R v. Secretary of State for Transport ex parte Factortame
Ogieriakhi v. MJE
Francovich
after
Conclusion
certiorari
recipient with special reception needs
Ogierakhi