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High Court quashes the decision of the Minister to refuse subsidiary protection and leave to remain, on grounds that the decision failed to give reasons for failing to address documents which appeared to corroborate the applicant’s case.
Judicial review – subsidiary protection – leave to remain – Minister failed to address the documents submitted – alleged that his family home was attacked, his family were afraid to leave home – he was threatened – his parents were attacked and beaten – section 11(b) of the Refugee Act, 1996 – assessment of credibility – Regulation 5(1)(b) of the European Communities (Eligibility for Protection) Regulations, 2006 – a weakness in a credibility finding might infect a subsidiary protection application – suggestion that documents may have been forged or fraudulently obtained – no finding on this issue – 3 options letter – Regulation 5(1)(a) of SI 518 of 2006 (“The Protection Regulations”) – decision maker is obliged to take into account all relevant facts as they relate to the country of origin - Regulation 5(1)(b) obliges the decision maker to take into account all relevant documentation presented by the applicant – Regulation 5(1)(c) requires the decision maker to take into account the personal circumstances of the applicant – Regulation 2(1) “Actors of serious harm” – duty to give reasons – fair procedures – failure to disclose why documentation’s corroborative effect was dismissed – whether the Minister is entitled to adopt the findings of the Refugee Appeals Tribunal - subsidiary protection is not a second appeal against a refusal of refugee status – Civil Liability Act, 1961 – same facts are not to be tried twice – principle not applied with regard to international protection.
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