A.A -v- Minister for Justice & Ors [2012] IEHC 222 (24 May 2012)

A.A -v- Minister for Justice & Ors [2012] IEHC 222 (24 May 2012)

The applicant was not entitled to a public hearing before an independent and impartial tribunal in the subsidiary protection process as the right to an effective remedy is satisfied by the procedures established under national and EU law. The Minister's assessment of the risk in Iraq and the availability of state protection was rational, adequately reasoned, and not inconsistent with the evidence. No substantial ground was made out for judicial review.

Citation
[2012] IEHC 222
Parties
Applicant: A. A. [Iraq]; Respondents: Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
24 May 2012
Procedural Posture
Judicial Review / Substantive Hearing and Application for Leave
Outcome
Application for judicial review dismissed; leave to challenge deportation order refused.
Legal Topics
Subsidiary Protection, Deportation, Right to an Effective Remedy, Procedural Fairness, Refoulement
Immigration Law European Union Law Human Rights Law Subsidiary Protection Deportation Right to an Effective Remedy Procedural Fairness Refoulement

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Parties

A. A. [Iraq]

Applicant

Minister for Justice and Equality, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Substantive Hearing and Application for Leave

Legal Issues

  1. 1 Whether the applicant was entitled to a public hearing before an independent and impartial tribunal in the subsidiary protection process under EU law and the Charter of Fundamental Rights.
  2. 2 Whether the Minister's assessment of risk and state protection in Iraq was adequate and rational for the purposes of subsidiary protection and prohibition of refoulement.

Ratio Decidendi

The applicant was not entitled to a public hearing before an independent and impartial tribunal in the subsidiary protection process as the right to an effective remedy is satisfied by the procedures established under national and EU law. The Minister's assessment of the risk in Iraq and the availability of state protection was rational, adequately reasoned, and not inconsistent with the evidence. No substantial ground was made out for judicial review.

Court Disposition

Application for judicial review dismissed; leave to challenge deportation order refused.

Orders

  • Application for judicial review of subsidiary protection refusal dismissed.
  • Leave to challenge deportation order refused.