THE HIGH Court has said it will refer an important asylum case to Europe’s highest court in a decision that could delay more than 500 judicial review cases on asylum before the court.
The case centres on whether the State’s practice of prioritising asylum applications from Nigerian nationals is legal and whether the refugee appeals tribunal provides an effective right of appeal.
Judge John Cooke issued a ruling in the case H.I.D. VB.A v Minister for Justice last month, which found the State’s prioritisation of Nigerian asylum claims and its appeals mechanism for asylum decisions were legal.
But he said yesterday he wanted to consult the European Court of Justice on the issues. He said the High Court would ask for an accelerated procedure at the Luxembourg court but warned that judicial review cases related to the case would have to be “parked”.
The judge said there were 1,200 judicial review cases pending in the High Court.
It is understood about 560 judicial review cases relate to the issues under dispute in the H.I.D. VB.A case.
The judge said he had prepared two questions for the European court to consider. He allowed counsel for applicants H.I.D. VB.A to make observations to the court and adjourned the referral to the European courts until Friday.
An accelerated procedure at the Luxembourg court could take up to a year to conclude, leaving many judicial review cases in limbo until then.
Last year the president of the High Court, Mr Justice Nicholas Kearns, requested that 14 senior judges cut short their summer holidays to sit in September to hear asylum appeals due to the backlog.
Ireland has the highest rejection rate of asylum seekers in Europe, with just 1 per cent awarded refugee status at first instance. The refugee appeals tribunal, which is a key part of the State’s asylum system, has also been criticised for a lack of transparency by human rights lawyers, NGOs and Fine Gael and Labour when in opposition.
The Government has pledged to reform the immigration and asylum system.
The Integration Centre, an organisation that works to include immigrants in Irish society, said last night reform of the refugee appeals system was needed.
“This system is unfair, lacks transparency and is too costly on the State. A system which is less time consuming and more cost effective would be more beneficial to all,” said Killian Forde, chief executive of the Integration Centre.
“To keep asylum seekers here, unable to work, for several years and then send them back to their countries of origin is inhumane, and we implore that this practice ends now,” he added.