N.M. v The Minister for Justice and Equality & ors (Approved) [2018] IEHC 186 (27 February 2018)

The applicant failed to demonstrate any breach of fair procedures, unlawfulness in the subsidiary protection process, or lack of independence in the decision-maker. The process complied with Irish and EU law, and all relevant submissions were considered.

Citation: [2018] IEHC 186
Parties: Applicant: N. M. (Georgia); Respondents: The Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction: Ireland
Judgment Date: 27 February 2018
Procedural Posture: Judicial Review / Final Judgment
Outcome: application dismissed
Legal Topics: Subsidiary Protection, Deportation Orders, Right to Be Heard, Procedural Fairness, Independence of Decision Maker

Immigration Law Administrative Law European Union Law Subsidiary Protection Deportation Orders Right to Be Heard Procedural Fairness Independence of Decision Maker

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Parties

N. M. (Georgia)

Applicant

The Minister for Justice and Equality, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the applicant's right to be heard was breached in the subsidiary protection process
2 Whether the subsidiary protection procedure being entwined with the deportation order procedure was unlawful
3 Whether there was a lack of independence or impartiality in the decision-maker

Ratio Decidendi

Court Disposition

application dismissed