T.M. [Georgia] v The International Appeals Tribunal and Anor (Approved) [2026] IEHC 150 (10 March 2026)

T.M. [Georgia] v The International Appeals Tribunal and Anor (Approved) [2026] IEHC 150 (10 March 2026)

The Tribunal erred in law by conflating improvements in Georgia's response to gender-based violence with the effectiveness of state protection, and its finding that effective state protection was available to the applicant did not rationally flow from the COI. The Tribunal failed to properly apply the legal test under section 31 of the 2015 Act, warranting the quashing of its decision.

Citation
[2026] IEHC 150
Parties
Applicant: T. M. (Georgia); First Respondent: The International Appeals Tribunal; Second Respondent: The Minister for Justice
Jurisdiction
Ireland
Judgment Date
10 March 2026
Procedural Posture
Judicial Review / Final Judgment on Application for Certiorari
Outcome
Decision of the Tribunal quashed; appeal remitted for reconsideration
Legal Topics
State Protection, Gender Based Violence, Country of Origin Information (coi), Judicial Review Standards, Refugee Status Determination
Immigration Law International Protection Administrative Law State Protection Gender Based Violence Country of Origin Information (coi) Judicial Review Standards Refugee Status Determination

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Parties

T. M. (Georgia)

Applicant

The International Appeals Tribunal

First Respondent

The Minister for Justice

Second Respondent

Procedural Posture

Judicial Review / Final Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the Tribunal erred in its assessment of state protection available to the applicant in Georgia
  2. 2 Whether the Tribunal failed to properly consider and apply country of origin information (COI)
  3. 3 Whether the Tribunal provided adequate reasons for its decision

Ratio Decidendi

The Tribunal erred in law by conflating improvements in Georgia's response to gender-based violence with the effectiveness of state protection, and its finding that effective state protection was available to the applicant did not rationally flow from the COI. The Tribunal failed to properly apply the legal test under section 31 of the 2015 Act, warranting the quashing of its decision.

Court Disposition

Decision of the Tribunal quashed; appeal remitted for reconsideration

Orders

  • Order of certiorari quashing the Tribunal's decision of 19 August 2024
  • Applicant's appeal remitted to a differently constituted Tribunal for reconsideration