N.G. v The International Protection Appeals Tribunal & Ors (Approved) [2023] IEHC 535 (29 September 2023)

N.G. v The International Protection Appeals Tribunal & Ors (Approved) [2023] IEHC 535 (29 September 2023)

The Tribunal correctly treated the existence of a real risk of serious harm and the availability of State protection as distinct elements, properly applied the rebuttable presumption regarding past harm, and conducted an adequate analysis of State protection and Albania's safe country status. No error of law was demonstrated.

Citation
[2023] IEHC 535
Parties
Applicant: N. G.; First Named Respondent: The International Protection Appeals Tribunal; Second Named Respondent: The Minister for Justice and Equality; Respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
29 September 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application refused
Legal Topics
International Protection, Subsidiary Protection, State Protection, Safe Country of Origin, Judicial Review, Refugee Law
Immigration Law Administrative Law Human Rights Law International Protection Subsidiary Protection State Protection Safe Country of Origin Judicial Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

N. G.

Applicant

The International Protection Appeals Tribunal

First Named Respondent

The Minister for Justice and Equality

Second Named Respondent

Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Tribunal erred in law by refusing subsidiary protection after finding a real risk of serious harm but concluding State protection was available
  2. 2 Whether the Tribunal properly applied the rebuttable presumption under s. 28(6) of the International Protection Act 2015
  3. 3 Whether the Tribunal erred in relying on Albania's designation as a safe country of origin without proper analysis under s. 33 of the 2015 Act

Ratio Decidendi

The Tribunal correctly treated the existence of a real risk of serious harm and the availability of State protection as distinct elements, properly applied the rebuttable presumption regarding past harm, and conducted an adequate analysis of State protection and Albania's safe country status. No error of law was demonstrated.

Court Disposition

Application refused

Orders

  • Reliefs sought by the applicant are refused