T.S.S. -v- Refugee Appeals Tribunal & anor [2016] IEHC 491 (29 July 2016)

T.S.S. -v- Refugee Appeals Tribunal & anor [2016] IEHC 491 (29 July 2016)

The tribunal's decision was unlawful because it failed to properly apply the presumption against internal relocation in cases of state-sponsored harm and did not conduct the required two-step analysis to determine if internal relocation to Bulawayo was a valid alternative. The applicant was not precluded from challenging internal relocation, and the errors in the decision contaminated its validity.

Citation
[2016] IEHC 491
Parties
Applicant: T. S. S.; Respondent: Refugee Appeals Tribunal (Constituted of Conor Gallagher); Respondent: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
29 July 2016
Procedural Posture
Judicial Review / Final Judgment on Application to Quash Tribunal Decision
Outcome
Application granted; tribunal decision quashed and remitted for reconsideration.
Legal Topics
Subsidiary Protection, Internal Relocation, Judicial Review, State Protection, Credibility Assessment
Immigration Law Asylum Law Administrative Law Subsidiary Protection Internal Relocation Judicial Review State Protection Credibility Assessment

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Parties

T. S. S.

Applicant

Refugee Appeals Tribunal (Constituted of Conor Gallagher)

Respondent

Minister for Justice and Equality

Respondent

Procedural Posture

Judicial Review / Final Judgment on Application to Quash Tribunal Decision

Legal Issues

  1. 1 Whether the Refugee Appeals Tribunal's decision on subsidiary protection was lawful
  2. 2 Whether internal relocation to Bulawayo was a valid basis for refusal
  3. 3 Whether the tribunal failed to apply the presumption against internal relocation where harm is state-sponsored

Ratio Decidendi

The tribunal's decision was unlawful because it failed to properly apply the presumption against internal relocation in cases of state-sponsored harm and did not conduct the required two-step analysis to determine if internal relocation to Bulawayo was a valid alternative. The applicant was not precluded from challenging internal relocation, and the errors in the decision contaminated its validity.

Court Disposition

Application granted; tribunal decision quashed and remitted for reconsideration.

Orders

  • Order of certiorari quashing the Refugee Appeals Tribunal decision dated 20th May, 2015, refusing subsidiary protection to the applicant.
  • Matter remitted to the tribunal for reconsideration in accordance with the judgment, to be heard by Mr. Gallagher if practicable, with liberty to apply.