Members of one of two Syrian families now in Greece who have sued in the Irish courts in a bid to prevent their transfer to Turkey are to be transferred to Germany, the High Court has heard. Both families wish to join other family members in Germany.
Both families had last month initiated a case here against the European Council, EU and Ireland over alleged breach of their human rights.
The matter returned before the High Court on Wednesday when Mr Justice Paul Gilligan adjourned for hearing in January a preliminary issue over whether the Irish High Court has jurisdiction to hear the action.
The core claim of the families is the EU-Turkey deal on migration agreed on March 18th by the European Council (EC) — the 28 EU Heads of State including Taoiseach Enda Kenny — allowing Greece return to Turkey “all new irregular migrants” arriving there since March 20th was made outside the powers of the EC and breaches EU law.
That deal, and Ireland’s sanctioning of it, is incompatible with Ireland’s obligations under the European Convention on Human Rights and breaches various EU Treaties, including the Treaty on Functioning of the EU (TFEU) and the Charter of Fundamental Rights of the EU (CFREU), they claim.
The defendants deny the claims and want the High Court to dismiss the case on grounds Ireland is not the jurisdiction it should be heard in. The case should be taken in either Greece or Germany where the families wish to be transferred to, the defendants also argue.
The plaintiffs include a married couple, and their two daughters aged 10 and 15, who wish to be reunited with their son in Germany and a man and his 13 year old daughter, whose wife and other child are in Germany.
Both families claim they are entitled to be transferred to Germany to join their family members who have secured international protection but were unlawfully prevented doing so due to the EU-Turkey deal.
On Wednesday, Padraig McCartan SC, for the families, said the 13 year old girl and her father are to be transferred to Germany.
The other family, who are due to have a meeting later this month with the Greek authorities about their application for protection, were fearful of being transferred to Turkey because other Syrians who have fled to Greece had been moved to Turkey, counsel said.
Their lawyers had sought either a High Court order or undertaking from the defendants their clients would not be moved until their case before the Irish courts had been heard.
While the application was opposed, the court heard from lawyers for the EU the four members of the second family have been permitted to stay in Greece until March. The Greek authorities were also aware of the case in Ireland, the court also heard.
In his ruling, Mr Justice Gilligan said there was no evidence before the court to suggest the four plaintiffs still in Greece would be transferred to Turkey before the jurisdiction issue has been ruled on.
In those circumstances, he would not make any orders and was adjourning the matter to January.