S.F.A (a minor) & anor -v- Minister for Justice & Equality & ors [2015] IEHC 364 (16 June 2015)

S.F.A (a minor) & anor -v- Minister for Justice & Equality & ors [2015] IEHC 364 (16 June 2015)

The court held that any errors in the decision of the Refugee Applications Commissioner were either not established, were evaluative rather than jurisdictional, or were not of sufficient gravity to warrant judicial review. The decision maker's mischaracterisation of travel evidence was immaterial and did not amount to a breach of fair procedures or a jurisdictional error. The internal relocation assessment and the child's claim were lawfully and properly considered. The applicants had adequate remedies by way of appeal to the Refugee Appeals Tribunal. No errors of jurisdiction or errors of such weight as to justify certiorari were established.

Citation
[2015] IEHC 364
Parties
Applicants: S. F. A. (an infant suing by his mother and next friend A. A.) & A. A.; Respondents: Minister for Justice and Equality, The Refugee Applications Commissioner, Ireland & The Attorney General
Jurisdiction
Ireland
Judgment Date
16 June 2015
Procedural Posture
Judicial Review / Application for Leave to Seek Orders of Certiorari
Outcome
Application dismissed
Legal Topics
Judicial Review of Administrative Decisions, Jurisdictional Error, Fair Procedures, Internal Relocation in Asylum Claims, Country of Origin Information, Right to Effective Remedy
Administrative Law Immigration Law Asylum Law Judicial Review of Administrative Decisions Jurisdictional Error Fair Procedures Internal Relocation in Asylum Claims Country of Origin Information +1 more

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Parties

S. F. A. (an infant suing by his mother and next friend A. A.) & A. A.

Applicants

Minister for Justice and Equality, The Refugee Applications Commissioner, Ireland & The Attorney General

Respondents

Procedural Posture

Judicial Review / Application for Leave to Seek Orders of Certiorari

Legal Issues

  1. 1 Whether errors in the Refugee Applications Commissioner's decision amounted to jurisdictional errors justifying certiorari
  2. 2 Whether the decision maker failed to consider relevant facts, laws, and country of origin information as required by law
  3. 3 Whether the internal relocation assessment complied with legal requirements

Ratio Decidendi

The court held that any errors in the decision of the Refugee Applications Commissioner were either not established, were evaluative rather than jurisdictional, or were not of sufficient gravity to warrant judicial review. The decision maker's mischaracterisation of travel evidence was immaterial and did not amount to a breach of fair procedures or a jurisdictional error. The internal relocation assessment and the child's claim were lawfully and properly considered. The applicants had adequate remedies by way of appeal to the Refugee Appeals Tribunal. No errors of jurisdiction or errors of such weight as to justify certiorari were established.

Court Disposition

Application dismissed

Orders

  • Application for leave to seek orders of certiorari refused
  • No order of certiorari granted