NO -v- Minister for Justice and Equality & ors [2016] IEHC 735 (24 November 2016)

NO -v- Minister for Justice and Equality & ors [2016] IEHC 735 (24 November 2016)

Judicial review, as available under Irish law, constitutes an effective remedy for refusals of subsidiary protection and satisfies the requirements of Article 47 of the Charter of Fundamental Rights of the European Union. The absence of a full appeal does not render the process unlawful or contrary to EU law. The application for judicial review is therefore refused.

Citation
[2016] IEHC 735
Parties
Applicant: N. O.; Respondent: Minister for Justice and Equality; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
24 November 2016
Procedural Posture
Judicial Review / Final Judgment in High Court After Supreme Court Remittal
Outcome
Application for judicial review refused
Legal Topics
Subsidiary Protection, Effective Remedy, Judicial Review, Article 47 Charter of Fundamental Rights of the European Union, Right of Appeal, Principle of Equivalence
Immigration Law European Union Law Administrative Law Subsidiary Protection Effective Remedy Judicial Review Article 47 Charter of Fundamental Rights of the European Union Right of Appeal +1 more

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Parties

N. O.

Applicant

Minister for Justice and Equality

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Judicial Review / Final Judgment in High Court After Supreme Court Remittal

Legal Issues

  1. 1 Whether the lack of a full appeal against refusal of subsidiary protection breached Article 47 of the Charter of Fundamental Rights of the European Union
  2. 2 Whether judicial review constitutes an effective remedy under EU law for subsidiary protection refusals
  3. 3 Whether the principle of equivalence or effectiveness required a right of appeal

Ratio Decidendi

Judicial review, as available under Irish law, constitutes an effective remedy for refusals of subsidiary protection and satisfies the requirements of Article 47 of the Charter of Fundamental Rights of the European Union. The absence of a full appeal does not render the process unlawful or contrary to EU law. The application for judicial review is therefore refused.

Court Disposition

Application for judicial review refused