The challenge
The Applicant was an asylum seeker in Northern Ireland who challenged the decision of the Secretary of State for the Home Department which resulted in relocation to Scotland.
The NIHRC was granted leave to intervene, jointly with the Equality Commission for Northern Ireland, by way of written and oral submissions.
Human rights engaged
This case engaged Article 8 European Convention on Human Rights (ECHR) and the EU Reception Conditions Directive 2003/9.
The NIHRC/ECNI joint submissions focused on the correct approach and interpretation of Article 2(1) of the NI Protocol.
Outcome
The High Court dismissed the application. It did not find a breach of Article 8 ECHR or Article 2(1) of the NI Protocol. The decision was not appealed.
The High Court was prepared to accept that Article 2(1) had direct effect and that it could be relied upon by asylum seekers such as the applicant.
Judgment
High Court: Re Angesom [2023] NIKB 102