The Irish Human Rights Commission (IHRC) appears today before the High Court at its invitation as amicus curiae (non-partisan friend of the court) in human rights proceedings entitled I v The Refugee Appeals Tribunal, The Minister for Justice Equality and Law Reform, The Attorney General and Ireland in which the Court has sought the IHRC’s intervention.
The case involves the issue of the fairness of asylum hearings before the Refugee Appeals Tribunal (RAT) on an appeal from a recommendation by an officer of the Refugee Applications Commissioner (RAC). The matter before the High Court concerns whether the case raises a question on a point of law of exceptional public importance and it is desirable in the public interest that an appeal should be taken to the Supreme Court.
The Human Rights Commission Act 2000 provides the statutory basis for the IHRC appearing, with the leave of the Court, in a case involving human rights issues. The IHRC’s role is primarily to be of assistance to the Court and to draw relevant human rights principles to its attention.
The hearing is expected to last today only.
The IHRC’s submissions will be available on the IHRC’s website www.ihrc.ie at the conclusion of the hearing.
ENDS
For further information, please contact:
Fidelma Joyce
Irish Human Rights Commission
Tel: 01 8589601 Mobile: 087 7834939
Notes for Editors
Under section 8(h) of the Human Rights Commission Act, 2000, the IHRC may, at the discretion of the High Court or the Supreme Court, appear as amicus curiae in proceedings that involve or are concerned with the human rights of any person. The IHRC is the only body in the State with express statutory provision for appearing as amicus curiae in proceedings.
Section 2 of the Human Rights Commission Act, 2000 defines "human rights" to include those rights conferred on or guaranteed to persons under the Constitution or under any agreement, treaty or convention to which the State is a party.
The IHRC first appeared as amicus curiae in proceedings before the Supreme Court in April 2005 in the case of Dublin City Council v Fennell which involved issues regarding the interpretation and effect of the European Convention on Human Rights Act 2003 and the question of the compatibility of section 62 of the Housing Act 1966 with that legislation. That case was decided on non-retrospectivity grounds. It has since participated before the High Court or Supreme Court on 8 occasions.