NNM v The International Protection Appeals Tribunal & Anor (Approved) [2020] IEHC 588 (10 November 2020)

NNM v The International Protection Appeals Tribunal & Anor (Approved) [2020] IEHC 588 (10 November 2020)

The Tribunal failed to properly assess the reasonableness of internal relocation for the applicant by not adequately considering the high unemployment rate, lack of state or familial support, and risk of exploitation, rendering its decision irrational and unreasonable under s.32 of the International Protection Act 2015 and the principles in KD (Nigeria) v Refugee Appeals Tribunal.

Citation
[2020] IEHC 588
Parties
Applicant: NNM; First Respondent: The International Protection Appeals Tribunal; Second Respondent: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
10 November 2020
Procedural Posture
Judicial Review / Judgment on Application for Certiorari
Outcome
Order of certiorari granted quashing paragraphs 5.16-5.21 of the Tribunal's decision; matter remitted for further determination; costs awarded to applicant.
Legal Topics
International Protection, Internal Relocation, Reasonableness of Relocation, Judicial Review, Gender Based Violence, Forced Marriage, State Protection, Credibility Assessment
Immigration Law Refugee Law Administrative Law International Protection Internal Relocation Reasonableness of Relocation Judicial Review Gender Based Violence +3 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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

NNM

Applicant

The International Protection Appeals Tribunal

First Respondent

The Minister for Justice and Equality

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the Tribunal erred in law in concluding internal relocation in South Africa was a reasonable alternative for the applicant
  2. 2 Whether the Tribunal's decision was unreasonable, irrational, or inadequately reasoned under s.32 of the International Protection Act 2015

Ratio Decidendi

The Tribunal failed to properly assess the reasonableness of internal relocation for the applicant by not adequately considering the high unemployment rate, lack of state or familial support, and risk of exploitation, rendering its decision irrational and unreasonable under s.32 of the International Protection Act 2015 and the principles in KD (Nigeria) v Refugee Appeals Tribunal.

Court Disposition

Order of certiorari granted quashing paragraphs 5.16-5.21 of the Tribunal's decision; matter remitted for further determination; costs awarded to applicant.

Orders

  • Order of certiorari quashing paragraphs 5.16-5.21 of the Tribunal's decision
  • Remittal of this portion of the decision to the Tribunal for further determination