OPB v International Protection Appeals Tribunal & Ors (Approved) [2021] IEHC 321 (06 May 2021)

OPB v International Protection Appeals Tribunal & Ors (Approved) [2021] IEHC 321 (06 May 2021)

The First Respondent's decision was irrational as it failed to have regard to its own findings that the Applicant's uncle was murdered by PJ, that the Applicant was entitled to the property, and that the Applicant had correctly identified PJ as the murderer. In light of these findings, it was irrational to conclude that the Applicant was not at risk of persecution or serious harm from PJ.

Citation
[2021] IEHC 321
Parties
Applicant: OPB; First Respondent: International Protection Appeals Tribunal; Second Respondent: Minister for Justice
Jurisdiction
Ireland
Judgment Date
06 May 2021
Procedural Posture
Judicial Review / Judgment on Application for Order of Certiorari
Outcome
Order of certiorari granted; decision of First Respondent quashed; costs awarded to Applicant.
Legal Topics
International Protection, Refugee Status, Subsidiary Protection, Judicial Review, Country of Origin Information, Sexual Orientation Persecution
Immigration Law Administrative Law Human Rights International Protection Refugee Status Subsidiary Protection Judicial Review Country of Origin Information +1 more

Case Brief

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Parties

OPB

Applicant

International Protection Appeals Tribunal

First Respondent

Minister for Justice

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Order of Certiorari

Legal Issues

  1. 1 Whether the First Respondent's decision was irrational or inadequately reasoned regarding threats from PJ and risk of persecution
  2. 2 Whether the First Respondent failed to have adequate regard to country of origin information
  3. 3 Whether the Applicant is at risk of persecution due to sexual orientation

Ratio Decidendi

The First Respondent's decision was irrational as it failed to have regard to its own findings that the Applicant's uncle was murdered by PJ, that the Applicant was entitled to the property, and that the Applicant had correctly identified PJ as the murderer. In light of these findings, it was irrational to conclude that the Applicant was not at risk of persecution or serious harm from PJ.

Court Disposition

Order of certiorari granted; decision of First Respondent quashed; costs awarded to Applicant.

Orders

  • Order of certiorari quashing the First Respondent's decision
  • Order for Applicant's costs against the Respondent