I.A. & ors -v- Refugee Appeals Tribunal & ors [2015] IEHC 324 (04 June 2015)

I.A. & ors -v- Refugee Appeals Tribunal & ors [2015] IEHC 324 (04 June 2015)

The Minister's decision on subsidiary protection was irrational as it failed to engage in a rational analysis of conflicting country of origin information and did not justify the preferment of one view over another. The decision-maker did not adequately consider all relevant facts and evidence as required by law.

Citation
[2015] IEHC 324
Parties
Applicant: I. A.; Applicant: N. A.; Applicant (minor, Suing by Next Friend I. A.): H. A.; Applicant (minor, Suing by Next Friend I. A.): J. A.; Applicant (minor, Suing by Next Friend I. A.): S. A. A.; Applicant (minor, Suing by Next Friend I. A.): A. A.; Applicant (minor, Suing by Next Friend I. A.): S. F.; Respondent: Refugee Appeals Tribunal; Respondent: Minister for Justice and Equality; Respondent: Attorney General; Respondent: Ireland; Notice Party: Human Rights Commission
Jurisdiction
Ireland
Judgment Date
04 June 2015
Procedural Posture
Judicial Review / Final Judgment on Application for Certiorari
Outcome
Order of certiorari granted quashing the decision refusing subsidiary protection.
Legal Topics
Subsidiary Protection, Deportation Orders, Country of Origin Information, Credibility Assessment, Natural and Constitutional Justice, Article 3 ECHR, Article 40.3.2 Constitution, Judicial Review
Immigration Law Constitutional Law Human Rights Law Subsidiary Protection Deportation Orders Country of Origin Information Credibility Assessment Natural and Constitutional Justice +3 more

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Parties

I. A.

Applicant

N. A.

Applicant

H. A.

Applicant (minor, Suing by Next Friend I. A.)

J. A.

Applicant (minor, Suing by Next Friend I. A.)

S. A. A.

Applicant (minor, Suing by Next Friend I. A.)

A. A.

Applicant (minor, Suing by Next Friend I. A.)

S. F.

Applicant (minor, Suing by Next Friend I. A.)

Refugee Appeals Tribunal

Respondent

Minister for Justice and Equality

Respondent

Attorney General

Respondent

Ireland

Respondent

Human Rights Commission

Notice Party

Procedural Posture

Judicial Review / Final Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the Minister's decision to refuse subsidiary protection and make deportation orders was irrational in light of country of origin information and evidence
  2. 2 Whether the Minister failed to consider relevant evidence and breached natural and constitutional justice
  3. 3 Whether the applicant's medical condition was adequately considered under Article 3 ECHR and the Constitution

Ratio Decidendi

The Minister's decision on subsidiary protection was irrational as it failed to engage in a rational analysis of conflicting country of origin information and did not justify the preferment of one view over another. The decision-maker did not adequately consider all relevant facts and evidence as required by law.

Court Disposition

Order of certiorari granted quashing the decision refusing subsidiary protection.

Orders

  • Order of certiorari quashing the decision of the Minister for Justice and Equality refusing subsidiary protection to the applicants.