M.B. -v- Minister for Justice and Equality & ors [2015] IEHC 146 (06 March 2015)

M.B. -v- Minister for Justice and Equality & ors [2015] IEHC 146 (06 March 2015)

The Court held that neither EU law nor Irish constitutional law prohibits the same decision-maker from deciding both asylum and subsidiary protection applications, as these are complementary and interdependent aspects of a single process for international protection. The involvement of the Commissioner in both stages does not breach the rule against bias, as the findings in the asylum stage are intrinsic to the subsidiary protection assessment. The 2013 Regulations are not ultra vires or unconstitutional, and the Commissioner’s delegation of functions was intra vires and lawful.

Citation
[2015] IEHC 146
Parties
Applicant: M. B.; Respondent: Minister for Justice and Equality; Respondent: Refugee Applications Commissioner; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
06 March 2015
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Application dismissed
Legal Topics
Subsidiary Protection, Bias and Nemo Iudex in Causa Sua, Delegation of Statutory Powers, Ultra Vires Regulations, Right to Fair Procedures, EU Charter of Fundamental Rights, European Convention on Human Rights
Administrative Law Constitutional Law Immigration Law European Union Law Subsidiary Protection Bias and Nemo Iudex in Causa Sua Delegation of Statutory Powers Ultra Vires Regulations +3 more

Case Brief

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Parties

M. B.

Applicant

Minister for Justice and Equality

Respondent

Refugee Applications Commissioner

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the 2013 Regulations are ultra vires s.3 of the European Communities Act 1972 and/or repugnant to the Constitution or ECHR
  2. 2 Whether the Refugee Applications Commissioner can lawfully decide both asylum and subsidiary protection applications
  3. 3 Whether the Commissioner may delegate the function of making a recommendation under the 2013 Regulations

Ratio Decidendi

The Court held that neither EU law nor Irish constitutional law prohibits the same decision-maker from deciding both asylum and subsidiary protection applications, as these are complementary and interdependent aspects of a single process for international protection. The involvement of the Commissioner in both stages does not breach the rule against bias, as the findings in the asylum stage are intrinsic to the subsidiary protection assessment. The 2013 Regulations are not ultra vires or unconstitutional, and the Commissioner’s delegation of functions was intra vires and lawful.

Court Disposition

Application dismissed

Orders

  • Refusal of declarations that the 2013 Regulations are ultra vires or unconstitutional
  • Refusal of order of certiorari in respect of the report and recommendation of Mr. Donal Horgan