M.S.S. v The International Protection Appeals Tribunal & Anor (Approved) [2025] IEHC 294 (18 July 2025)

M.S.S. v The International Protection Appeals Tribunal & Anor (Approved) [2025] IEHC 294 (18 July 2025)

The Tribunal lawfully conducted a de novo appeal, was not bound by IPO findings, accepted material facts but found they did not amount to past persecution or a well-founded fear of future persecution, rationally considered country information and submissions, and was entitled to decide without oral hearing under s.43(b) as no credibility issues or factual disputes arose; fair procedures were not breached.

Citation
[2025] IEHC 294
Parties
Applicant: M. S. S.; First Respondent: The International Protection Appeals Tribunal; Second, Third, and Fourth Respondents: The Minister for Justice, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
18 July 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused; judicial review dismissed.
Legal Topics
International Protection, Refugee Status, Subsidiary Protection, Safe Country of Origin, Fair Procedures, Oral Hearing Rights
Immigration Law Human Rights Law Administrative Law International Protection Refugee Status Subsidiary Protection Safe Country of Origin Fair Procedures +1 more

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Parties

M. S. S.

Applicant

The International Protection Appeals Tribunal

First Respondent

The Minister for Justice, Ireland and the Attorney General

Second, Third, and Fourth Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in law and breached fair procedures in finding the applicant had not established a well-founded fear of persecution
  2. 2 Whether the Tribunal failed to consider submissions and country information regarding State protection in South Africa
  3. 3 Whether the Tribunal erred in failing to conduct an oral hearing under s.43(b) of the International Protection Act 2015

Ratio Decidendi

The Tribunal lawfully conducted a de novo appeal, was not bound by IPO findings, accepted material facts but found they did not amount to past persecution or a well-founded fear of future persecution, rationally considered country information and submissions, and was entitled to decide without oral hearing under s.43(b) as no credibility issues or factual disputes arose; fair procedures were not breached.

Court Disposition

Application refused; judicial review dismissed.

Orders

  • No order of certiorari granted; Tribunal's decision affirmed.
  • No declaration of unconstitutionality or ECHR incompatibility issued.