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Case Law

Case Law

EMN Ireland collects important judgments from the High Court, Supreme Court and the Court of Justice of the European Union. Summaries are provided of cases concerning refugee law, citizenship, naturalisation, deportation and European Treaty Rights.

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Latest European case law

A Member State is obliged to examine an asylum application if transfer would expose the applicant to a serious risk of a violation of fundamental rights

Court of Justice of the EU ruling on the transfer of asylum seekers under the EU Dublin Regulation Cases C-411/10 and C-493/10 M.E.


Rights of EU citizens to regularise the residence of their non-EU spouse (McCarthy)

Court of Justice of the EU judgment in the case of McCarthy v Secretary of State for the Home Department (in UK).


Rights of non-EU parents of a child with European citizenship to live in the EU (Zambrano)

Court of Justice of the EU judgment in the case of Zambrano v Office national de l’emploi (in Belgium).


Latest Irish case law on refugee status and deportation 

Debisi v Minister for Justice and Law Reform

Refugee - Deportation - sequence of decision making - subsidiary protection application

A.O. v Minister for Justice, Equality and Law Reform

Deportation - rights of an Irish citizen child with a third country national parent with a deportation order

S.L. v Minister for Justice and Law Reform

Deportation - Ireland's transposition of the Asylum Procedures Directive

X Adeoye & Ors v Minister for Justice, Equality and Law Reform & Ors

Deportation - fundamental rights in respect of marriage and family life are to be taken seriously and given 'life and reality'

L.A.T. & Ors v Minister for Justice and Equality & Ors (Tijani)

Deportation - Minister for Justice and Equality does not have to make deportation orders personally

Troci v Governor of Cloverhill Prison

Deportation - suspicion must refer to some overt act or deed or intelligence which suggests a risk of evading deportation

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