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.