Facts: The applicants were both Somali nationals who had been granted international protection in Greece and subsequently travelled to Ireland and applied for international protection in the State. Their applications were deemed inadmissible under section 21(9), International Protection Act 2015. The applicants contested the inadmissibility recommendations on the grounds that conditions in Greece are such that they result in destitution, … Read More
AAH & MAH v International Protection Appeals Tribunal & ors
Respondent/Defendant: | International Protection Appeals Tribunal, The Minister for Justice and Equality, Ireland and the Attorney General |
Court/s: | High Court |
Citation/s: | [2024] IEHC 699 |
Nature of Proceedings: | Judicial review |
Judgment Date/s: | 06 Dec 2024 |
Judge: | Phelan, S. |
Category: | Refugee Law |
Keywords: | Asylum Applicant, Asylum Applicant (Secondary Movement of), Beneficiary of international protection, Common European Asylum System (CEAS), European Convention on Human Rights (ECHR), Refoulement (Non-) |
Country of Origin: | Somalia |
URL: | https://www.courts.ie/view/judgments/71642df7-af13-4ef1-a0f3-fae0d554ceb0/d1c6f144-78fd-477a-97f1-70266ae13bbf/2024_IEHC_699.pdf/pdf |
Principles: | The principle of mutual trust means a presumption that beneficiaries of international protection will be treated in accordance with the Charter, the ECHR and international human rights law in all EU Member States. The burden of proof lies with the applicant to rebut this presumption and the risk of inhuman or degrading treatment must be of a particularly high severity to prevent return. The assessment by the decision-maker must be individualised, save for where there is a situation such as armed conflict or a humanitarian disaster. Interviews conducted as part of the sections 13 and 15 processes are sufficient in meeting the requirement for an oral stage. |