H.N. -v- MJELR & Ors [2012] IESC 58 (19 December 2012)

H.N. -v- MJELR & Ors [2012] IESC 58 (19 December 2012)

The Supreme Court determined that, under Irish law, only failed asylum seekers may apply for subsidiary protection, and that the Minister lacks discretion to consider applications from others. The core legal issue is whether this limitation is compatible with the Qualification Directive and the principle of good administration. The Court found it necessary to refer this question to the Court of Justice of the European Union for a preliminary ruling.

Citation
[2012] IESC 58
Parties
Applicant: H. N.; Respondents: Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
19 December 2012
Procedural Posture
Judicial Review / Supreme Court Appeal; Reference for Preliminary Ruling to CJEU
Outcome
Reference for preliminary ruling to the Court of Justice of the European Union
Legal Topics
Subsidiary Protection, Refugee Status, Implementation of EU Directives, Good Administration, Procedural Requirements for International Protection
Immigration Law European Union Law Administrative Law Subsidiary Protection Refugee Status Implementation of EU Directives Good Administration Procedural Requirements for International Protection

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Parties

H. N.

Applicant

Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Supreme Court Appeal; Reference for Preliminary Ruling to CJEU

Legal Issues

  1. 1 Whether Irish law is compatible with Council Directive 2004/83/EC (Qualification Directive) in requiring an applicant for subsidiary protection to first apply for and be refused refugee status
  2. 2 Whether the principle of good administration under Article 41 of the Charter of Fundamental Rights of the European Union requires Member States to allow stand-alone applications for subsidiary protection

Ratio Decidendi

The Supreme Court determined that, under Irish law, only failed asylum seekers may apply for subsidiary protection, and that the Minister lacks discretion to consider applications from others. The core legal issue is whether this limitation is compatible with the Qualification Directive and the principle of good administration. The Court found it necessary to refer this question to the Court of Justice of the European Union for a preliminary ruling.

Court Disposition

Reference for preliminary ruling to the Court of Justice of the European Union

Orders

  • The Supreme Court refers to the Court of Justice of the European Union the question of whether Council Directive 2004/83/EC permits a Member State to require that an application for subsidiary protection can only be considered after an application for and refusal of refugee status.