FA v The International Protection Appeals Tribunal & Ors (Approved)

THE INTERNATIONAL PROTECTION APPEALS TRIBUNAL, THE MINISTER FOR JUSTICE, IRELAND AND THE ATTORNEY GENERAL

1.������ This is an application for the Applicant�s costs in a situation where the proceedings have become moot.� The Respondents oppose this application and are seeking an order for their costs in light of the manner in which the Applicant has met the cost issue.

2.������ The proceedings relate to the perplexed issue of Article 17 of EU Regulation 604/2013 (hereinafter referred to as �the Dublin III Regulation�).� It is one of approximately 270 cases which were placed in a Holding List while the lead case of NVU v. RAT which related to the issue of what body had jurisdiction to exercise the Article 17 discretion, was determined in the High Court and then pursued on appeal through the Court of Appeal and Supreme Court.

3.������ The Dublin III Regulation established the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.�

4.������ Article 17(1) of the Dublin III Regulation recognises that a Member State may, in its discretion, assume responsibility for an international protection application made in its territory notwithstanding that the application of the criteria contained in the Dublin III Regulation establishes that another Member State is responsible for that international protection application.