W.A (DRC) -v- Minister for Justice & Anor [2012] IEHC 251 (25 June 2012)

W.A (DRC) -v- Minister for Justice & Anor [2012] IEHC 251 (25 June 2012)

Leave to apply for judicial review was granted on three grounds: (1) the respondent erred in fact and law in concluding the applicant had not been subjected to previous serious harm as required by Regulation 5(2); (2) the determination failed to address the claim that returned failed asylum seekers face risk of serious harm; (3) the deportation order was unlawful due to absence of a valid prior decision on subsidiary protection.

Citation
[2012] IEHC 251
Parties
Applicant: W. A. [DRC]; Respondents: Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
25 June 2012
Procedural Posture
Judicial Review / Leave Application
Outcome
Leave to apply for judicial review granted
Legal Topics
Subsidiary Protection, Deportation, Refugee Status, Credibility Assessment, Country of Origin Information, Effective Remedy, Proportionality, Actors of Serious Harm
Immigration Human Rights European Union Law Subsidiary Protection Deportation Refugee Status Credibility Assessment Country of Origin Information +3 more

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Parties

W. A. [DRC]

Applicant

Minister for Justice and Equality, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Leave Application

Legal Issues

  1. 1 Whether the refusal of subsidiary protection and deportation order were lawful
  2. 2 Whether the determination adequately addressed previous serious harm under Regulation 5(2)
  3. 3 Whether the determination failed to address risk to returned failed asylum seekers

Ratio Decidendi

Leave to apply for judicial review was granted on three grounds: (1) the respondent erred in fact and law in concluding the applicant had not been subjected to previous serious harm as required by Regulation 5(2); (2) the determination failed to address the claim that returned failed asylum seekers face risk of serious harm; (3) the deportation order was unlawful due to absence of a valid prior decision on subsidiary protection.

Court Disposition

Leave to apply for judicial review granted

Orders

  • Leave granted to apply for orders of certiorari in respect of refusal of subsidiary protection and deportation order
  • Reliefs granted in terms of paragraphs 11, 12, and 13 of statement of grounds