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.
Refusal of subsidiary protection on credibility grounds was not disproportionate
|
or click here to request site subscription to search and view all judgments |
Supreme Court dismisses appeal from High Court, and affirms refusal of leave to seek judicial review of a refusal by the Minister for Justice to grant subsidiary protection or to hold an oral interview to a Nigerian mother and her three children, where her account of persecution had been rejected on credibility grounds, on the grounds that the applicants had failed to establish that the Minister's decision was disproportionate, and there were no grounds to suggest that a further oral interview would have assisted their case.
Charleton J (nem diss): Asylum and immigration - refusal of leave to seek judicial review - refusal of subsidiary protection - failure to hold oral interview - whether decision should have awaited interpretation of legislation by Court of Justice of the European Union (CJEU) - leave granted to challenge deportation order - refusal of judicial review - allegation of persecution in Nigeria - repatriated to Nigeria in 2011 - accounts of rape, abduction, beatings - refusal of asylum by Refugee Appeals Tribunal - subsidiary protection - whether a risk of harm if applicant returned to country of origin - refoulement - whether applicants denied effective remedy - jurisdiction of High Court - concept of 'anxious scrutiny' - proportionality - onus on applicant to establish that decision was disproportionate - right to be heard.
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.
