IL v The International Protection Appeals Tribunal & Anor (Approved) [2021] IEHC 106 (12 February 2021)

The First Respondent erred by failing to engage in any analysis of the rebuttable presumption under section 28(6) of the International Protection Act 2015 and by inadequately considering the Country of Origin information, particularly the Applicant's evidence regarding lack of police protection and impunity.

Citation: [2021] IEHC 106
Parties: Applicant: IL; First Respondent: The International Protection Appeals Tribunal; Second Respondent: The Minister for Justice
Jurisdiction: Ireland
Judgment Date: 12 February 2021
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application granted
Legal Topics: Subsidiary Protection, Country of Origin Information, Evidential Presumption, Section 28(6) International Protection Act 2015

Immigration Law International Protection Subsidiary Protection Country of Origin Information Evidential Presumption Section 28(6) International Protection Act 2015

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Parties

Applicant

The International Protection Appeals Tribunal

First Respondent

The Minister for Justice

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the First Respondent failed to properly consider and give effect to section 28(6) of the International Protection Act 2015
2 Whether the First Respondent failed to adequately consider and assess Country of Origin information

Ratio Decidendi

Court Disposition

Application granted

Orders

Order of Certiorari quashing the First Respondent’s decision refusing subsidiary protection
Order for Applicant’s costs against the Respondent to be adjudicated upon in default of agreement