ZA v The International Protection Appeals Tribunal & Anor (Approved) [2021] IEHC 416 (02 June 2021)

ZA v The International Protection Appeals Tribunal & Anor (Approved) [2021] IEHC 416 (02 June 2021)

The First Respondent breached the principle of audi alteram partem and s. 46(8)(b) of the International Protection Act 2015 by failing to notify the applicant of the 2019 EASO report, which had significant consequences for the applicant's claim and required an opportunity for submissions.

Citation
[2021] IEHC 416
Parties
Applicant: ZA; First Respondent: The International Protection Appeals Tribunal; Second Respondent: The Minister for Justice
Jurisdiction
Ireland
Judgment Date
02 June 2021
Procedural Posture
Judicial Review / Judgment on Application for Certiorari
Outcome
Order of certiorari granted; decision on subsidiary protection quashed and remitted; costs awarded to applicant.
Legal Topics
International Protection, Audi Alteram Partem, Country of Origin Information, Subsidiary Protection, Procedural Fairness
Immigration Law Administrative Law International Protection Audi Alteram Partem Country of Origin Information Subsidiary Protection Procedural Fairness

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Parties

ZA

Applicant

The International Protection Appeals Tribunal

First Respondent

The Minister for Justice

Second Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari

Legal Issues

  1. 1 Whether the First Respondent breached the principle of audi alteram partem by failing to notify the applicant of the 2019 EASO report
  2. 2 Whether there was a breach of s. 46(8)(b) of the International Protection Act 2015

Ratio Decidendi

The First Respondent breached the principle of audi alteram partem and s. 46(8)(b) of the International Protection Act 2015 by failing to notify the applicant of the 2019 EASO report, which had significant consequences for the applicant's claim and required an opportunity for submissions.

Court Disposition

Order of certiorari granted; decision on subsidiary protection quashed and remitted; costs awarded to applicant.

Orders

  • Certiorari of that portion of the First Respondent’s decision dealing with subsidiary protection under Article 15(c) of the Qualifications Directive
  • Remittal of that portion of the decision to another member of the First Respondent for reconsideration