Bringing Court Proceedings Against the International Protection Office for Failure to Adhere to the International Protection Act, 2015


Legal Framework

Under Section 3 of the European Convention on Human Rights Act 2003, every organ of the State, including the International Protection Office (IPO), is required to perform its functions in a manner compatible with the State's obligations under the Convention provisions. If an individual suffers injury, loss, or damage due to a contravention of this requirement, they may bring court proceedings to recover damages.

Steps to Initiate Proceedings

  1. Identify the Breach:

    • Determine the specific instances where the International Protection Office (IPO) failed to adhere to the International Protection Act 2015 and, consequently, breached the State’s obligations under the European Convention on Human Rights.

  2. Gather Evidence:

    • Collect all relevant documents, correspondence, and records that demonstrate the IPO's failure to comply with the Act.
    • Obtain witness statements if applicable.
    • Ensure that the evidence clearly shows the link between the IPO's actions or inactions and the injury, loss, or damage suffered.

  3. Draft the Claim:

    • Prepare a detailed statement of claim. This document should:
      • Clearly outline the specific breaches of the International Protection Act 2015 by the IPO.
      • Describe the injury, loss, or damage suffered as a result of these breaches.
      • Cite Section 3 of the European Convention on Human Rights Act 2003 as the legal basis for your claim.
      • Specify the relief sought, including any damages.

  4. Determine the Appropriate Court:

    • If the damages sought do not exceed the jurisdictional limit of the Circuit Court in tort, you may file there. Otherwise, file in the High Court.

  5. Submit the Claim:

    • File the claim with the appropriate court. Ensure all necessary documentation is attached. This will typically include:
      • The statement of claim.
      • Any supporting evidence.
      • The appropriate filing fee.

  6. Notify Relevant Parties:

    • Serve the statement of claim to the IPO and any other relevant parties involved in the case. This means delivering the legal documents to them in accordance with the rules of court.

  7. Adhere to Statutory Time Limits:

  8. Prepare for Court Proceedings:

    • Gather and Organize Evidence: Ensure that all your evidence is well-organized and ready for presentation in court.
    • Prepare Your Arguments: Clearly outline the arguments you will make in court, supporting each point with evidence.

  9. Attend Court Hearings:

    • Be present at all court hearings. Present your case clearly and confidently, providing evidence and making arguments as necessary.

  10. Court's Decision:

    • The court will decide whether the IPO’s actions breached Section 3(1) and if so, determine the appropriate damages.
    • The court may award damages it considers appropriate based on the evidence presented.

Potential Outcomes

  • Damages: If the court finds in your favor, you may be awarded damages for the injury, loss, or damage suffered.
  • Declaratory Relief: The court may also make a declaration regarding the IPO's failure to comply with the law.
  • Further Actions: Depending on the outcome, there may be grounds for additional actions or appeals.

To bring court proceedings against the International Protection Office for failing to adhere to the International Protection Act 2015, it is essential to follow a structured approach: identifying the breach, gathering robust evidence, drafting and submitting the claim, notifying relevant parties, adhering to statutory time limits, preparing for court proceedings, and attending court hearings. By doing so, individuals can seek redress for violations of their rights under the European Convention on Human Rights as incorporated into Irish law.


 

Popular posts from this blog

Facilitating Access to Justice

Facilitating Access to Justice: Upholding Ireland’s Constitutional Promise Promoting access to justice safeguards fairness, accountability, and the enduring principles of Ireland’s Constitution. The rights enshrined in our foundational document—equality, dignity, and justice—are not abstract ideals but actionable promises for every individual. My mission is to empower citizens to claim these rights, ensuring Ireland’s justice system serves all equitably. 2024 Achievements: Advancing Equity 1. Expanding Access to Justice In October 2024, I secured a landmark High Court ruling exempting Article 40.4 cases—which protect personal liberty—from stamp duty fees 6 9 .  This critical decision removes financial barriers, empowering individuals to challenge rights violations in the Superior Courts and reinforcing the Constitution’s guarantee of liberty. 2. Strengthening Accountability Drawing on Articles 34.1 and 38.5, I developed a transparent framework for jury trials addressing public offi...
Read more

Superior Court Progress 2025

Communities Right to Consultation H.J.R2024.588 On the 29th of April 2024 I commenced a Constitutional challenge of a statutory instrument  which deprived communities across Ireland of their Constitutional & Statutory right to be consulted concerning certain developments in their communities. On the 14th of January 2025 I filed over 500 pages of sworn testimony into the High Court concerning alleged crimes committed by Darragh O`Brien and his principle officer for their involvement in creating and subsequent cover up of this unlawful statutory instrument S.I.376/2023 . I asked Justice David Holland on the 20th of January to issue a summons against Darragh O`Brien for the alleged offences and the Judge refused this request even though he was obliged to issue the summons under Section 10 of the Petty Sessions Ireland Act, 1851 On the 15th of January 2025 the  Ceann Comhairle sent me a letter asserting that the quorum was reduced from 20 to 5 in January 2021. I immediate...
Read more

Instructions for Initiating a Legal Action Against a State Employee in Ireland

Image
Under the combined provisions of Section 10 of the Petty Sessions (Ireland) Act 1851 and Section 88 of the Courts of Justice Act 1924 , a Peace Commissioner in Ireland holds the authority to issue a summons requiring a state employee to appear in court to face formal accusations of committing an offense. Furthermore, Section 177 of the Criminal Justice Act 2006 removes the six-month limitation from the 1851 Act concerning summary offences, thereby allowing for the pursuit of indictable offences. Most offences in Ireland fall under the indictable category. You can contact the Department of Justice for your nearest Peace Commissioner here , we have nearly 7000 in Ireland, that's a ratio of 100 to 1 compared to District Court Judges, so access to Justice may be closer than you think ! If you have been the victim of a crime committed by an employee of the Irish State, follow these steps: Step-by-Step Process Step 1: Identify and Draft Information on Oath Identify Relevant Legislation...
Read more