A. -v- Minister for Justice & Equality & ors [2013] IEHC 355 (18 July 2013)

A. -v- Minister for Justice & Equality & ors [2013] IEHC 355 (18 July 2013)

The Minister failed to lawfully consider and weigh the language and nationality reports submitted by the applicant in the subsidiary protection and leave to remain decisions. The right to be heard was not breached as the applicant was given an opportunity to address the Tanzanian nationality allegation. However, the failure to conduct a fresh assessment and balance all relevant evidence, as required by law, rendered the decisions unlawful.

Citation
[2013] IEHC 355
Parties
Applicant: A. A.; Respondents: Minister for Justice and Equality, Ireland and the Attorney General; Notice Party: Human Rights Commission
Jurisdiction
Ireland
Judgment Date
18 July 2013
Procedural Posture
Judicial Review / Application for Leave and Final Determination
Outcome
Application for judicial review granted; impugned decisions quashed.
Legal Topics
Subsidiary Protection, Deportation, Nationality Determination, Audi Alteram Partem, Judicial Review, Refugee Status
Immigration Law Administrative Law Human Rights Subsidiary Protection Deportation Nationality Determination Audi Alteram Partem Judicial Review +1 more

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Parties

A. A.

Applicant

Minister for Justice and Equality, Ireland and the Attorney General

Respondents

Human Rights Commission

Notice Party

Procedural Posture

Judicial Review / Application for Leave and Final Determination

Legal Issues

  1. 1 Whether the Minister lawfully considered all relevant evidence, including language reports, in refusing subsidiary protection and making a deportation order
  2. 2 Whether the applicant's right to be heard (audi alteram partem) was breached in the decision-making process
  3. 3 Whether lack of candour by the applicant disentitled him to relief

Ratio Decidendi

The Minister failed to lawfully consider and weigh the language and nationality reports submitted by the applicant in the subsidiary protection and leave to remain decisions. The right to be heard was not breached as the applicant was given an opportunity to address the Tanzanian nationality allegation. However, the failure to conduct a fresh assessment and balance all relevant evidence, as required by law, rendered the decisions unlawful.

Court Disposition

Application for judicial review granted; impugned decisions quashed.

Orders

  • Leave to seek judicial review granted.
  • Decisions refusing subsidiary protection and making a deportation order quashed.