A.A. -v- The Minister for Justice and Equality [2014] IEHC 607 (04 December 2014)

A.A. -v- The Minister for Justice and Equality [2014] IEHC 607 (04 December 2014)

The Minister did not have the power to accept or consider the applicant’s application for subsidiary protection because the applicant was notified of intention to deport prior to the coming into force of the Protection Regulations, and the Regulations do not apply to such persons. Quashing the Minister’s decision would be futile as the applicant is not eligible to apply for subsidiary protection under the law.

Citation
[2014] IEHC 607
Parties
Applicant: A. A.; Respondent: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
04 December 2014
Procedural Posture
Judicial Review / Post Leave Application for Certiorari and Mandamus
Outcome
Application for judicial review refused
Legal Topics
Subsidiary Protection, Judicial Review, Discretion of Minister, Transposition of EU Directives, Procedural Fairness
Immigration Law Administrative Law European Union Law Subsidiary Protection Judicial Review Discretion of Minister Transposition of EU Directives Procedural Fairness

Case Brief

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Parties

A. A.

Applicant

The Minister for Justice and Equality

Respondent

Procedural Posture

Judicial Review / Post Leave Application for Certiorari and Mandamus

Legal Issues

  1. 1 Whether the Minister had power to accept and consider an application for subsidiary protection from an applicant notified of intention to deport prior to the coming into force of the Protection Regulations
  2. 2 Whether the Minister could change the reasons for refusal after judicial review proceedings commenced
  3. 3 Whether certiorari should be granted where it would be futile

Ratio Decidendi

The Minister did not have the power to accept or consider the applicant’s application for subsidiary protection because the applicant was notified of intention to deport prior to the coming into force of the Protection Regulations, and the Regulations do not apply to such persons. Quashing the Minister’s decision would be futile as the applicant is not eligible to apply for subsidiary protection under the law.

Court Disposition

Application for judicial review refused