Court case 2023 640 JR – Court Ruling (Ireland, 2024)

In 2023, two applicants challenged decisions under Ireland's safe third country return system. Applicant A argued that the Minister improperly relied on the UK adequacy decisions, which exclude immigration-related data transfers, to justify the return order. Applicant B claimed the system lacked adequate data protection equivalent to the Dublin III Regulation. Both cases centered on the transfer of personal data to the UK during the immigration process, alleging GDPR violations. However, neither applicant pursued data protection remedies with the Irish Data Protection Commissioner. The State defended the data transfers, citing public interest grounds under Article 49(1)(d) GDPR and emphasizing the necessity of data exchange for the functioning of the Common Travel Area (CTA), a long-standing arrangement enabling free movement between Ireland and the UK. The court concluded that alleged GDPR breaches did not invalidate the safe third country return system. It found that existing remedies under the Data Protection Act 2018, such as complaints to the Data Protection Commissioner, were sufficient to address potential violations. Furthermore, the court upheld the legality of data transfers under Article 49(1)(d) GDPR, citing public interest in maintaining fair and effective immigration control and the CTA’s operation. The judgment emphasized that broader questions of GDPR compliance in the immigration context require fuller evidence and more focused proceedings.