MAP -v- The Refugee Applications Commissioner & ors [2015] IEHC 647 (27 July 2015)

MAP -v- The Refugee Applications Commissioner & ors [2015] IEHC 647 (27 July 2015)

The application for judicial review is refused because the applicant's credibility was rejected at first instance, making the definition of torture irrelevant to the decision. The applicant has an unfettered right of appeal to the Refugee Appeals Tribunal, which is bound to apply EU law. Judicial review is only appropriate if the appeal fails and an unlawful definition is applied.

Citation
[2015] IEHC 647
Parties
Applicant: M. A. P.; First Respondent: The Refugee Applications Commissioner; Second Respondent: Ireland; Third Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
27 July 2015
Procedural Posture
Judicial Review / Ex Parte Application for Leave to Apply for Judicial Review
Outcome
Application refused
Legal Topics
Subsidiary Protection, Transposition of EU Directives, Definition of Torture, Judicial Review Procedure
Immigration Law European Union Law Administrative Law Subsidiary Protection Transposition of EU Directives Definition of Torture Judicial Review Procedure

Case Brief

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Parties

M. A. P.

Applicant

The Refugee Applications Commissioner

First Respondent

Ireland

Second Respondent

The Attorney General

Third Respondent

Procedural Posture

Judicial Review / Ex Parte Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the European Union (Subsidiary Protection) Regulations 2013 properly transpose the Qualification Directive regarding the definition of torture
  2. 2 Whether the applicant is entitled to judicial review of the refusal of subsidiary protection given the negative credibility finding

Ratio Decidendi

The application for judicial review is refused because the applicant's credibility was rejected at first instance, making the definition of torture irrelevant to the decision. The applicant has an unfettered right of appeal to the Refugee Appeals Tribunal, which is bound to apply EU law. Judicial review is only appropriate if the appeal fails and an unlawful definition is applied.

Court Disposition

Application refused

Orders

  • Application for leave to apply for judicial review refused
  • Applicant to pursue appeal to the Refugee Appeals Tribunal