Judge erred in determining that mental health reports constituted new evidence of suicide risk in deportation proceedings

Asylum and immigration – appeal of High Court order quashing the Minister’s decision to affirm a deportation order – whether the Minister failed to properly consider certain country of origin information which had been submitted by RB – whether the Minister failed to have regard to RB’s mental health – trial judge erred in concluding that the decision of the Minister must be quashed – s. 11 (2) of the Refugee Act, 1996 – European Communities (Eligibility for Protection) Regulations (S.I. No. 518 of 2006) – non-refoulement provisions of s. 5 – Minister had to consider whether, if the same up to date information had been available when the Minister was considering the s. 3 leave to remain application, it would have led to the granting of temporary leave to remain under s. 3 (1) rather than to the making of the deportation order – trial judge erred in determining that these reports had to be considered in a more specific way than was done by the Minister because they constituted new evidence of suicide risk – trial judge erred in quashing the Minister’s decision by reason of his conclusion that they constituted new information – High Court Order must be vacated – judicial review dismissed – appeal allowed.