SL v Minister for Justice and Law Reform

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Respondent/Defendant:Minister for Justice and Law Reform
Court/s:High Court
Citation/s:2011 IEHC 370, Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:06 Oct 2011
Judge:Cooke J.
Category:Refugee Law
Keywords:Common European Asylum System (CEAS), Determining Asylum Authority, Protection (Application for International), Protection (Subsidiary), Refugee, Union Citizen
URL:http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/ef6ab8d82cb1ce3d80257935003a8a7c
Geographic Focus:Ireland

On 14 March 2011, the High Court had granted the applicant leave to seek to judicial review in respect of his claim that the procedures in place under the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006), which implement in Irish law Directive 2004/83/EC, contain a structural flaw. The applicant, who had applied for subsidiary protection, … Read More

Principles:
  1. Directive 2005/85/EC applies only to asylum, except where a Member State avails of Article 3.4 of that Directive, and Ireland has not taken that course, and does not have a single combined procedure for asylum and subsidiary protection.
  2. In the alternative, the Minister for Justice and Law Reform is the ‘determining authority’ re subsidiary protection in light of Regulation 4 of the European Communities (Eligibility for Protection) Regulations 2006 (S.I. No. 518 of 2006).
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