SK v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2025] IEHC 231
Nature of Proceedings:Judicial review
Judgment Date/s:08 Apr 2025
Judge:Barr, A.
Category:Refugee Law
Keywords:Country of Origin, Family Reunification, Protection (Subsidiary)
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/942b249e-fbac-4ed7-bfcc-1afe6a2446ff/2025_IEHC_231.pdf/pdf#view=fitH

Facts: The applicant was an Afghan national who arrived in Ireland when he was 17. He was granted subsidiary protection in 2019. He applied for visas for his mother and five siblings to join him in Ireland pursuant to the non-EEA family reunification policy. The Minister refused the family reunification visa applications. The main refusal reasons included that the applicant … Read More

Principles:In deciding on applications for family reunification from subsidiary protection holders, particular regard must be had in the decision to the exception circumstances of the applicant and the humanitarian and safety situation in the country of origin.
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S.A. (Zimbabwe and South Africa) v the Chief International Protection Officer & ors

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Respondent/Defendant:The Chief International Protection Officer, the Minister for Justice and the International Protection Appeals Tribunal
Court/s:High Court
Citation/s:[2024] IEHC 477
Judgment Date/s:04 Jul 2024
Judge:Gearty, M.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Country of Birth, Country of Nationality, Country of Origin, Country of Origin (Safe), Protection (Application for International), Protection (International), Representative
Country of Origin:Zimbabwe, South Africa
URL:https://www.courts.ie/acc/alfresco/13442135-40a9-4b2f-8fd9-5282947d2db3/2024_IEHC_477.pdf/pdf#view=fitH

Facts: The applicant came to Ireland from South Africa and submitted an application for international protection. This application was refused on the basis that she was from South Africa and she could return there safely. The IPO made a preliminary decision on her nationality being South African based on her answers to the questionnaire, which she completed three days after … Read More

Principles:Where an applicant for international protection has two sets of identity paper it is incumbent on the decision maker to assess the documents and to consider the explanation given by the applicant and give an accurate recitation of the underlying facts and documents.
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J.R. (Algeria) v International Protection Appeals Tribunal and the Minister for Justice

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Respondent/Defendant:The International Protection Appeals Tribunal and the Minister for Justice
Court/s:High Court
Citation/s:[2024] IEHC 296
Nature of Proceedings:Judicial review
Judgment Date/s:23 Apr 2024
Judge:Gearty M.
Category:Refugee Law
Keywords:Asylum, Country of Origin, Credibility, Protection (Application for International)
Country of Origin:Algeria
URL:https://www.courts.ie/acc/alfresco/b38b6ed8-183e-45cf-8c5b-ee65b047562c/2024_IEHC_296.pdf/pdf#view=fitH
References:M.Y. v. IPAT [2022] IEHC 345, I.L. v. IPAT [2021] IEHC 106

Facts: The applicant was an Algerian national for international protection. He claimed that his uncle had threated to kill him over a family dispute about property and that, despite reporting it to the police, no action was taken. He submitted that his uncle held a powerful position in a terrorist organisation and had also threatened and attacked his parents. Furthermore, … Read More

Principles:Decisions on the credibility of applications for international protection must provide clear reasons for the acceptance or refusal of the case.
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M.H. v International Protection Appeals Tribunal and the Minister for Justice and Equality

EMNireland

Respondent/Defendant:International Protection Appeals Tribunal, Minister for Justice and Equality
Court/s:High Court
Citation/s:[2023] IEHC 372
Nature of Proceedings:Appeal (Judicial Review)
Judgment Date/s:28 Jun 2023
Judge:Phelan S.
Keywords:Asylum, Asylum application (Examination of an), Country of Origin, Country of Origin Information, Credibility, European Asylum Support Office (EASO), Evidence, Persecution
Country of Origin:Pakistan (Occupied Azad Kashmir)
URL:https://courts.ie/view/judgments/bc91937d-81fc-4abe-9312-2356dd985614/93b49e82-f206-411e-bd67-1165e9194eb1/2023_IEHC_372.pdf/pdf

Facts: The applicant was a Pakistani national who identified as Kashmiri. The applicant and his family were activists with the Jammu Kashmir Liberation Front (JKLF). He fled Kashmir and applied for international protection in Ireland, initially under the Refugee Act 1996 and then under the International Protection Act 2015. His application for refugee status was refused under the Refugee Act … Read More

Principles:Documentation submitted to support an international protection application must be assessed regardless of the credibility findings on an application. Less weight may be given to these documents in light of a lack of credibility but the documents must be assessed.
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I.A.H. v Minister for Justice, Ireland and the Attorney General

EMNireland


I.A.H. v Minister for Justice, Ireland and the Attorney General
Respondent/Defendant:Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2023] IEHC 117
Nature of Proceedings:Judicial Review
Judgment Date/s:08 Mar 2023
Judge: Phelan S.
Category:Visa
Keywords:Country of Origin, European Convention on Human Rights (ECHR), Family Life (Right to), Family Reunification, Family Unity (Right to), Protection (Subsidiary), Visa
Country of Origin:Iraq
URL:https://courts.ie/acc/alfresco/944524e5-c5e2-4cb2-a71c-4408eff09ab5/2023_IEHC_117.pdf/pdf#view=fitH

Facts: The applicant is an Iraqi national who arrived in Ireland in 2011. She was granted subsidiary protection status in 2015 and in 2018 married an Iraqi national by proxy. She applied for a visa for him to join her in Ireland in 2019 under the Policy Document on Non-EEA Family Reunification. The Minister refused this application and the appeal … Read More

Principles:In considering an application for family reunification under the Policy Document on Non-EEA Family Reunification for a beneficiary of subsidiary protection, proper consideration must be given the impact on the applicant’s protection status and family life and ability to live together elsewhere.
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M.Y. v the International Protection Appeals Tribunal & anor

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M.Y. v the International Protection Appeals Tribunal & anor
Respondent/Defendant:The International Protection Appeals Tribunal and the Minister for Justice
Court/s:High Court
Citation/s:[2022] IEHC 345
Nature of Proceedings:Judicial review
Judgment Date/s:13 May 2022
Judge:Ferriter J.
Category:International protection, Refugee Law
Keywords:Asylum Applicant, Burden of Proof, Country of Origin, Deportation Order, Persecution, Refugee (Convention)
Country of Origin:Algeria
URL:https://courts.ie/view/judgments/d67b3aa8-41b1-495e-bdf7-8a8f182e1cec/0473cf81-9c10-40c0-b260-8c64e64cd1bd/2022_IEHC_345.pdf/pdf

Facts: The applicant was a member of the Berber Amazigh people, an ethnic minority in Algeria and supported the ideals of the Berber separatist MAK movement. He travelled to the UK on a short-term visa in 2013 and remained there after its expiry. In 2018, he travelled to Ireland and applied for international protection. The IPO recommended that he not … Read More

Principles:When refusing an application under section 28(6) of the International Protection Act 2015, the core elements of the provision should be assessed. Albeit obiter, Ferriter J stated that the UK Supreme Court’s ruling in HJ (Iran) can be applied to Convention grounds other than those that relate to sexual orientation and HJ (Iran) should be applied carefully to the facts of the case when remitted for fresh consideration.
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LHC (A Minor) v Refugee Appeals Tribunal and Minister for Justice and Law Reform

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Respondent/Defendant:Refugee Appeals Tribunal and Minister for Justice and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 75
Nature of Proceedings:Judicial Review
Judgment Date/s:20 Feb 2014
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Asylum, Country of Origin, Nationality, Refugee
Country of Origin:Somalia (allegedly)
URL:https://www.courts.ie/acc/alfresco/36de9c49-6210-4b02-a69c-71d0f227322e/2014_IEHC_75_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a minor, born in Ireland, whose mother claimed to be a Somali national of Bajuni ethnicity. Her mother’s application for asylum had been unsuccessful. In the course of its examination, a language analysis had been conducted which concluded that she did not speak a Bajuni dialect of Swahili found in Somalia and that she used language … Read More

Principles:

Where an asylum claimant contends that he or she has been unfairly denied the opportunity to submit evidence (whether by reason of refusal of an adjournment or by some other decision), then if he or she wishes to set aside a decision on that basis, it is incumbent on him or her had to describe the substance of the excluded evidence and, in addition, the prejudice caused by its exclusion.

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NzN v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 31
Nature of Proceedings:Appeal
Judgment Date/s:27 Jan 2014
Judge:Clark J.
Category:Refugee Law
Keywords:Country of Nationality, Country of Origin, Nationality, Refugee, Refugee Status
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/a5972f99-df90-47f5-966e-cbd41f55a144/2014_IEHC_31_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The appellant (Nz.N) sought to overturn a decision by the Minister for Justice to revoke her declaration of refugee status by way of statutory appeal to the High Court pursuant to the provisions of the Refugee Act 1996. She sought asylum in December, 2005 and had been declared a refugee in February, 2006. Her infant son, whom she claimed … Read More

Principles:

Under s. 21(1)(h) of the Refugee Act 1996 and reg. 11(2)(b) of the EC (Eligibility for Protection) Regulations 2006, the powers of the court on an appeal against a revocation of refugee status entail determining whether the decision to revoke the declaration was correctly made and should be confirmed, or whether it was wrong and should be withdrawn. The court can consider all the evidence which was before the Minister and hear oral evidence from the appellant and any witnesses called by either party in determining the appeal. The court can come to its own view as to whether the decision to revoke was appropriate or should be withdrawn. The court does this on the evidence which was before the Minister and any additional evidence presented on the appeal.

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X Adeoye & Ors v Minister for Justice, Equality and Law Reform & Ors

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Respondent/Defendant:X Adeoye & Ors
Court/s:High Court
Citation/s:Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:25 Nov 2011
Judge:Hogan, J
Category:Citizenship, Deportation
Keywords:Absconding, Citizenship, Country of Origin, Dependant, Deportation, Deportation Order, Entry Ban, Expulsion, Expulsion Decision, Expulsion Order, Family Life (Right to), Family Member, Family Unity (Right to), Foreigner, Minor, Non-EU National, Non-national, Removal Order
Country of Origin:Nigeria
Geographic Focus:Ireland

The Adeoye family sought to quash a decision of the (then) Minister for Justice, Equality and Law Reform (the Minister) pursuant to s. 3(11) of the Immigration Act 1999 to refuse to revoke Mr Adeoye’s deportation order. Mr Adoeye, an architectural student from Nigeria married to an Irish citizen, who had been unsuccessful in an asylum application, and who had … Read More

Principles:It behoves the judicial branch of government to ensure that the fundamental rights in respect of marriage and family life are taken seriously and given “life and reality”. In deciding whether to revoke a deportation order made against the spouse of a citizen, the deciding Minister must weigh the rights of the applicants fairly.
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FGW v Refugee Appeals Tribunal & Ors

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Respondent/Defendant:Refugee Appeals Tribunal & Ors
Court/s:High Court
Citation/s:[2011] IEHC 205, 5th May 2011, Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:05 May 2011
Judge:Cooke J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Asylum application (Examination of an), Asylum Seeker, Child, Country of Origin, Minor, Protection (Application for International), Refugee
Country of Origin:Liberia; Ivory Coast.
URL:https://www.courts.ie/acc/alfresco/526d84ca-db74-4d85-98c2-dc0038d65e74/2011_IEHC_205_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

The Applicant was granted leave to seek to quash the decision of the Refugee Appeals Tribunal affirming a decision of the Refugee Applications Commissioner recommending against the applicants being declared refugees. The applicants were a mother and daughter with different countries of origin. The mother was born in Liberia, and the daughter was born in Ivory Coast. The mother’s claim … Read More

Principles:
  1. Regulation 5(2) of the 2006 Regulations provides that evidence of previous serious harm is to be regarded as a “serious indication” – not as conclusive proof – of an applicant’s well founded fear unless there are good reasons to consider that such harm will not be repeated.
  2. Where there are two applicants for asylum who are dealt with together, it is incumbent on the decision maker to state clearly, however briefly, why the claim of each applicant is rejected.
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