Amadi v Minister for Justice, Equality and Law Reform

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2005] IEHC 338
Judgment Date/s:13 Oct 2005
Judge:O’Neill
Category:Deportation, Refugee Law
Keywords:Deportation, Deportation Order, Refugee, Refugee Law, Refugee Status
Country of Origin:Nigeria

The applicant claimed a fear of female genital mutilation (FGM) in Nigeria but failed to obtain asylum or leave to remain in the State and was issued with a deportation order. She challenged the deportation order but not the asylum decisions, contending, inter alia, that the Minister had not considered Section 4 of the Criminal Justice (UN Convention Against Torture) Act 2000 and favourable country of origin information.

The Court refused leave to seek judicial review and held that the Minister is not only entitled to have respect to the conclusion of the Refugee Appeals Tribunal but that in the absence of new evidence which would be sufficiently compelling to persuade him otherwise, he is bound to have regard to the Tribunal’s decision.

Principles:The Minister, in deciding whether to make a deportation order, is entitled to have regard to the conclusion of the Refugee Appeals Tribunal.
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