Minister’s decision in respect of subsidiary protection was based on rule that is contrary to EU law

Asylum and immigration – EU law – to what extent should this Court regard itself as bound by a judgment delivered by the Court of Justice of the European Union in respect of an Article 267 TFEU reference when that Court has been pleased to answer a question not posed by the referring court – application for subsidiary protection having been refused asylum following a decision of the Refugee Appeal Tribunal – she had not made the application within the 15 day time period – whether the 15 day time limit infringed the principle of equivalence because no similar time limit is contained in respect of refugee applications – applicant challenged the 15 day rule only by reference to the principle of equivalence and not effectiveness – practical effect of this re-formulation of the referred question was that the Court of Justice was then free to address the question of effectiveness, even though it had not formed any part of the proceedings to date – effect of the decision of the Court of Justice – whether this Court is bound to apply the decision of the Court of Justice – Court is bound to give effect to the decision of the Court of Justice – Minister’s decision was based upon a rule which has now been conclusively adjudicated to be contrary to EU law – appeal allowed.