F.M. & Ors v Minister for Justice & Ors (Approved) [2020] IECA 184 (27 February 2020)

F.M. & Ors v Minister for Justice & Ors (Approved) [2020] IECA 184 (27 February 2020)

The Court of Appeal rejected all grounds of appeal, holding that the subsidiary protection decisions were not vitiated by breach of the right to be heard, that judicial review constituted an effective remedy under EU law, and that the bifurcated regime for subsidiary protection was compatible with EU law.

Citation
[2020] IECA 184
Parties
Applicant/appellant: F. M.; Applicant/appellant: I. M.; Applicant/appellant: P. C. N. (A minor suing by his mother and next friend J. N.); Applicant/appellant: J. N.; Applicant/appellant: S. W. I. M. S. (An infant suing by his mother and next friend A. B. F.); Applicant/appellant: J. U.; Applicant/appellant: T. O.; Applicant/appellant: R. B.; Applicants/appellants: H. Y. O. and D. F. O. I. (An infant suing by her mother and next friend H. Y. O.); Applicant/appellant: D. D.; Respondents: The Minister for Justice and Equality, Ireland and the Attorney General; Notice Party: The Human Rights Commission
Jurisdiction
Ireland
Judgment Date
27 February 2020
Procedural Posture
Appeal / Judgment
Outcome
appeals dismissed
Legal Topics
Subsidiary Protection, Effective Remedy, Right to Be Heard, Compatibility With EU Law, Judicial Review
Immigration EU Law Administrative Law Subsidiary Protection Effective Remedy Right to Be Heard Compatibility With EU Law Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

F. M.

Applicant/appellant

I. M.

Applicant/appellant

P. C. N. (A minor suing by his mother and next friend J. N.)

Applicant/appellant

J. N.

Applicant/appellant

S. W. I. M. S. (An infant suing by his mother and next friend A. B. F.)

Applicant/appellant

J. U.

Applicant/appellant

T. O.

Applicant/appellant

R. B.

Applicant/appellant

H. Y. O. and D. F. O. I. (An infant suing by her mother and next friend H. Y. O.)

Applicants/appellants

D. D.

Applicant/appellant

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

Respondents

The Human Rights Commission

Notice Party

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the impugned subsidiary protection decisions should be quashed for breach of the audi alteram partem rule
  2. 2 Whether judicial review vindicated the appellants’ right to an effective remedy regarding refusals of subsidiary protection
  3. 3 Whether the regime in place under which the appellants applied for subsidiary protection was compatible with EU law

Ratio Decidendi

The Court of Appeal rejected all grounds of appeal, holding that the subsidiary protection decisions were not vitiated by breach of the right to be heard, that judicial review constituted an effective remedy under EU law, and that the bifurcated regime for subsidiary protection was compatible with EU law.

Court Disposition

appeals dismissed