High Court Set to Examine Ministers Prioritisation of Nigerian Refugee Applications.

27.1.2010

 

The High Court has heard a challenge to the procedures used by the state in determining Nigerian asylum applications. The case questioned whether the policy of prioritising Nigerian applicants is permissible under the EU minimum required standards.

 

Currently, under section 12(1) of the Refugee Act, 1996 the Refugee Applications Commissioner and the Refugee Appeals Tribunal are required by the Minister to fast track applications from Nigerian applicants based on their country of origin.

 

Running over three days, the case also examined whether the current procedure, whereby a Commissioner conducts an interview and writes a report used by the Minister to determine an application, is sufficient to constitute "effective remedy before a court or tribunal," which is required by EU law, due simply to the possibility of Judicial review to the High Court.

 

The Irish Refugee Council has called for a fair and open system for applying for asylum and protection, and hopes that this case will result in some clarification on the roles of the institutions and the prioritisation issue.

 

The outcome of this case is expected in the coming weeks.

 

Hycenthia Ifeoma Dokie (A minor) and Bojali Ajibola

v

Refugee Applications Commissioner

 

Mr. Justice Cooke 27th, 28th, 29th April 2009

 

This case asked two questions;

 

1. Is it lawful for the Minister to direct the Refugee Applications Commissioner and the Refugee Appeals Tribunal to give priority to the examination and determination of Nigerian applicants, taking into account the EU minimum standards?

 

2. Does the existing interview, report and Commissioner recommendation process used by the Minister in determining applications, or the availability of Judicial review to the High Court, constitute "effective remedy before a court or tribunal," as required by the EU?