M.A. -v- Minister for Justice and Equality & ors [2015] IEHC 287 (06 May 2015)

M.A. -v- Minister for Justice and Equality & ors [2015] IEHC 287 (06 May 2015)

The subsidiary protection decision was unlawful as the internal relocation finding was made in breach of Article 8 of the Qualification Directive and Regulation 7, failing to consider the applicant's personal circumstances, failing to involve the applicant in the process, and relying on irrelevant country of origin information. The decision was thus ultra vires and must be quashed.

Citation
[2015] IEHC 287
Parties
Applicant: M. A.; Respondents: Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
06 May 2015
Procedural Posture
Judicial Review / Final Judgment on Merits
Outcome
Application granted in part; subsidiary protection decision quashed.
Legal Topics
Subsidiary Protection, Deportation, Internal Relocation, Fair Procedures, Audi Alteram Partem, State Protection, Country of Origin Information, Ultra Vires, Article 8 ECHR
Immigration Law European Union Law Administrative Law Subsidiary Protection Deportation Internal Relocation Fair Procedures Audi Alteram Partem +4 more

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Parties

M. A.

Applicant

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

Respondents

Procedural Posture

Judicial Review / Final Judgment on Merits

Legal Issues

  1. 1 Whether the subsidiary protection decision lawfully assessed internal relocation within Afghanistan
  2. 2 Whether reasons were given and country of origin information properly weighed
  3. 3 Whether there was a breach of fair procedures and audi alteram partem

Ratio Decidendi

The subsidiary protection decision was unlawful as the internal relocation finding was made in breach of Article 8 of the Qualification Directive and Regulation 7, failing to consider the applicant's personal circumstances, failing to involve the applicant in the process, and relying on irrelevant country of origin information. The decision was thus ultra vires and must be quashed.

Court Disposition

Application granted in part; subsidiary protection decision quashed.

Orders

  • Order of certiorari quashing the subsidiary protection decision.