BA v The International Protection Appeals Tribunal & Anor (Approved) [2020] IEHC 589 (20 November 2020)

BA v The International Protection Appeals Tribunal & Anor (Approved) [2020] IEHC 589 (20 November 2020)

The First Respondent's finding regarding state protection was irrational and not reflective of the Country of Origin Information it had compiled, and it failed to measure the Country of Origin information against the presumption of state protection.

Citation
[2020] IEHC 589
Parties
Applicant: BA; First Respondent: The International Protection Appeals Tribunal; Second Respondent: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
20 November 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Order of certiorari granted; costs awarded to Applicant
Legal Topics
International Protection, Refugee Status, State Protection, Gender Based Violence
Immigration Law Human Rights Law International Protection Refugee Status State Protection Gender Based Violence

Case Brief

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Parties

BA

Applicant

The International Protection Appeals Tribunal

First Respondent

The Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the First Respondent erred in its assessment that state protection was available to the Applicant
  2. 2 Whether the First Respondent erred in its assessment of the Country of Origin Information

Ratio Decidendi

The First Respondent's finding regarding state protection was irrational and not reflective of the Country of Origin Information it had compiled, and it failed to measure the Country of Origin information against the presumption of state protection.

Court Disposition

Order of certiorari granted; costs awarded to Applicant

Orders

  • Order of certiorari in terms of paragraph 1 of the Notice of Motion
  • Order for Applicant’s costs as against the Respondents