A case brought in the High Court on behalf of six Syrians in Greece seeking to prevent their transfer to Turkey “has nothing to do with Ireland”, the court was told.
The six are members of two Syrian families who fled their war-torn homeland and arrived in Greece where they sought asylum.
They claim their rights have been breached by an EU-Turkey arrangement providing for the return of new irregular migrants arriving in Turkey since March 20th last. Their case is against the EU, the European Council and Irish State.
Since the case began, one of the families, a man and his teenage daughter, have received a positive decision in relation to an application to be transferred to Germany to be reunited with other members of the family, the court heard.
Transfer to Germany
The other family, a couple and their two daughters, is also seeking a transfer to Germany where they also have family members.
The High Court is hearing argument over whether this is the appropriate jurisdiction for the case to be heard.
The core claim of the families is that the EU-Turkey arrangement on March 18th last by the European Council (EC) – which includes Ireland – was made outside the powers of the European Council and breaches EU law.
That arrangement, and Ireland’s sanctioning of it, is incompatible with Ireland’s obligations under the European Convention on Human Rights, it is claimed. It also breaches various EU treaties, including the Treaty on Functioning of the EU and the Charter of Fundamental Rights of the EU, they claim.
The defendants deny the claims.
On Thursday, Mr Justice Tony O’Connor began hearing applications by the EU and State parties seeking the dismissal of the case on grounds of lack of jurisdiction.
No connection whatsoever
Maurice Collins SC, for the EU parties, said the families have no connection whatsoever with this State, any agency of the State or any public authority here. With the exception of their lawyers, there appeared to be no connection with any citizen of this State.
The case was one that “has nothing to do with Ireland”.
The EU parties have no competence to deal with their application as the relief being sought was a matter for whichever country a person seeking asylum has arrived in, he said.
A further “oddity” of this case was they were seeking permission to travel from Greece to Germany, not Ireland, he said.
The case was initially brought under the Brussels Regulation, which covers the question of which jurisdiction certain civil and commercial matters can be brought, he said. These proceedings were not in compliance with that regulation, he argued.
It was clear it was not the Irish court but the Court of Justice of the EU which had the jurisdiction for matters such as this.
Nuala Butler SC, for the State, said the plaintiffs did not have the necessary legal standing to take the case against her clients. They have no cause of action in this State and their case is not justiciable here, she said.
The hearing continues.