A.A.F. -v- The Office of the Refugee Applications Commissioner & ors [2018] IEHC 286 (23 February 2018)

A.A.F. -v- The Office of the Refugee Applications Commissioner & ors [2018] IEHC 286 (23 February 2018)

The applicant is precluded from applying for subsidiary protection as his asylum claim was determined and proposal to deport issued prior to the coming into force of the 2006 Regulations and the Qualification Directive. The Directive does not confer retrospective rights and was properly transposed into Irish law. The applicant's rights have been determined under pre-Directive law, and no protection issue arises at this time.

Citation
[2018] IEHC 286
Parties
Applicant: A. A. F.; First Respondent: The Office of the Refugee Applications Commissioner; Second Respondent: The Minister for Justice and Equality; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
23 February 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
Subsidiary Protection, Qualification Directive, Transposition of EU Directives, Retrospective Application, Leave to Remain, Procedural Rules
Immigration Law European Union Law Administrative Law Subsidiary Protection Qualification Directive Transposition of EU Directives Retrospective Application Leave to Remain +1 more

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Parties

A. A. F.

Applicant

The Office of the Refugee Applications Commissioner

First Respondent

The Minister for Justice and Equality

Second Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the applicant, refused refugee status prior to 10 October 2006, is entitled to apply for subsidiary protection under the Qualification Directive
  2. 2 Whether Irish regulations properly transpose the Qualification Directive
  3. 3 Whether the Directive admits of retrospective application to pre-transposition cases

Ratio Decidendi

The applicant is precluded from applying for subsidiary protection as his asylum claim was determined and proposal to deport issued prior to the coming into force of the 2006 Regulations and the Qualification Directive. The Directive does not confer retrospective rights and was properly transposed into Irish law. The applicant's rights have been determined under pre-Directive law, and no protection issue arises at this time.

Court Disposition

Application refused

Orders

  • Leave to seek judicial review is discharged
  • No order for costs specified