Ireland’s subsidiary protection procedures referred to the Court of Justice of the European Union

Judicial review – Pakistani national did not seek asylum prior to applying for subsidiary protection – the Minister is not obliged to consider an application for subsidiary protection where there has not been an asylum application – whether the refusal to consider an application for subsidiary protection in the absence of an application for asylum was consistent with the Qualification Directive - Applicant entered Ireland lawfully on a student visa – he married an Irish citizen and was granted permission to remain – after the marriage ended his permission was not renewed – applied for subsidiary protection – claimed he did not fear persecution for a Convention reason – feared indiscriminate violence in Pakistan – informed that the Minister would not consider his application for subsidiary protection in the absence of an application for asylum – judicial review refused by the High Court – single administrative procedure – Procedures Directive – Qualification directive is not concerned with procedures – no procedural obligation on the Minister to accept the application – right to good administration – applicant would be forced to make statements which he knew to be false to go through the asylum process – preliminary ruling in accordance with Article 267.