Syrian families take court action in Ireland

Members of two Syrian families detained in Greece after fleeing the besieged city of Aleppo have taken an unprecedented action in the Irish courts against the European Council, EU, and Ireland over alleged breach of their human rights.

The core claim of the families is that the EU-Turkey deal on migration, agreed on March 18 by the European Council (EC) — the 28 EU heads of state, including Taoiseach Enda Kenny — was made outside the powers of the EC and breaches EU law. The deal allowed Greece return to Turkey “all new irregular migrants” arriving there since March 20.

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 the Functioning of the EU and the Charter of Fundamental Rights of the EU, they claim.

The plaintiffs are a married couple, Mr and Mrs D, their two daughters, aged 10 and 15 (a son is in Germany), and Mr S and his 13-year-old daughter (whose wife and other child are in Germany).

They say they are entitled, under the EU Dublin III regulations of 2013, to be transferred to Germany to join their family members who have secured international protection but claim they are unlawfully prevented doing so due to the EU-Turkey deal.

They have been detained in Greece since March 20 when they arrived with 58 people in a rubber dinghy from Turkey following a dangerous journey during which, they allege, they witnessed the “push-back” and killing of Syrian asylum seekers by Turkish forces.

The case came before the High Court yesterday via applications by the plaintiffs for a preliminary trial of EU law issues and/or to decide if issues should be referred to the Court of Justice of the EU.

Padraig McCartan, for the plaintiffs, said the matter was “very urgent”. His clients were illegally arrested by Greece as an agent of the EC, were entitled to be transferred to Germany, and wanted undertakings that they would not be returned to Turkey pending determination of the case.

Counsel for the respondents said they had no instructions to give the undertaking and the State intended to apply to have the action dismissed on grounds Ireland is not the appropriate forum for it.

Mr Justice Paul Gilligan adjourned the pre-trial matters to November 22.

Having spent several weeks in refugee camps on the Greek islands of Chios and Leros, Mr D’s family is now being put up by a charity in a house on Leros. Mr S and his son have been lodged in part of a building used for the mentally ill. They claim their passports and other papers remain confiscated by the Greek authorities.

In an affidavit, Mr D said people detained in Chios and Leros are under considerable stress and “desperate”. Theft in the camps is common with a consequent growing threat of violence and there was inadequate healthcare, bad food, and “unacceptable” drinking water, he said.

The plaintiffs claim they have no information when their protection applications will be processed but the Greek system will eventually assess them as “suitable” for return to Turkey, not on grounds of their own circumstances but because of a pre-determination Turkey is a safe third country. They dispute this and allege the Greek asylum system is not working.