ZB & Ors v Minister for Justice (Approved) [2021] IEHC 588 (13 September 2021)

ZB & Ors v Minister for Justice (Approved) [2021] IEHC 588 (13 September 2021)

The Minister failed to engage with or provide reasons for rejecting the applicants' specific representations challenging the IPAT's findings and new country of origin information relevant to the risk of refoulement. This omission breached the duty to give reasons under s.50 of the International Protection Act 2015, as read with s.49(7), and rendered the decision unlawful.

Citation
[2021] IEHC 588
Parties
Applicant: ZB; Applicant: DB; Applicant: RB (a minor) suing by his father and next Friend ZB; Respondent: Minister for Justice
Jurisdiction
Ireland
Judgment Date
13 September 2021
Procedural Posture
Judicial Review / Judgment on Application for Certiorari of S.49(7) Review Decision
Outcome
Application granted
Legal Topics
International Protection, Refoulement, Duty to Give Reasons, Judicial Review, Deportation, Credibility Assessment
Immigration Law Administrative Law International Protection Refoulement Duty to Give Reasons Judicial Review Deportation Credibility Assessment

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Parties

ZB

Applicant

DB

Applicant

RB (a minor) suing by his father and next Friend ZB

Applicant

Minister for Justice

Respondent

Procedural Posture

Judicial Review / Judgment on Application for Certiorari of S.49(7) Review Decision

Legal Issues

  1. 1 Whether the Minister for Justice failed to provide adequate reasons for rejecting representations regarding risk of refoulement under s.50(1) of the International Protection Act 2015 in the s.49(7) review decision.

Ratio Decidendi

The Minister failed to engage with or provide reasons for rejecting the applicants' specific representations challenging the IPAT's findings and new country of origin information relevant to the risk of refoulement. This omission breached the duty to give reasons under s.50 of the International Protection Act 2015, as read with s.49(7), and rendered the decision unlawful.

Court Disposition

Application granted

Orders

  • Order of certiorari quashing that portion of the s.49(7) decision relating to the prohibition of refoulement.
  • Matter remitted to the Minister for fresh consideration under s.50 of the International Protection Act 2015.