Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
or click here to request site subscription to search and view all judgments |
High Court refers to the European Court of Justice the question of whether the Minister was required to supply an applicant for subsidiary protection with a proposed negative assessment, so that the relevant points could be addressed before a final decision was made.
Judicial review – the qualification directive – Rwandan national – sought asylum as he may be prosecuted before a military court for openly criticising the manner in which investigations into the 1994 genocide were being carried out – found not to be credible – applied for subsidiary protection – Minister relied on earlier asylum decisions and refused him subsidiary protection – whether the Minister is under a duty to communicate with an applicant for international protection during the course of the assessment of an application – whether cooperation means that the Minister is obliged to supply a draft decision in advance to such applicant for his or her comments – the Minister used up-to-date material – whether the Minister ought to have put the applicant on notice that he was using new information – whether the reliance on this material amounted to a breach of fair procedures – no general obligation – exceptions where a private stream of information, not in the public domain, is utilised – application for subsidiary protection is not made in isolation – already has been a considerable degree of interaction between the parties – principle of judicial comity – whether the text in different languages has a different meaning – decision of Dutch Council of State contrary to the Irish authorities.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.