H & D v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2007] IEHC 277
Judgment Date/s:27 Jul 2007
Judge:Feeney
Category:Deportation
Keywords:Deportation, Protection (Person Eligible for Subsidiary), Protection Status (Subsidiary)
URL:https://www.courts.ie/acc/alfresco/f49b35e1-a587-46fd-afa1-5dcdb253d0ad/2007_IEHC_277_1.pdf/pdf#view=fitH

Both applicants had been refused declarations of refugee status, had been refused leave to remain and were the subjects of deportation orders. Both applied for subsidiary protection contending that they had an automatic right to apply for subsidiary protection pursuant to the European Communities (Eligibility for Protection Regulations 2006) S.I. No. 518/2006 and Council Directive 2004/83/EC. The Minister stated that … Read More

Principles:People in respect of whom deportation orders are made after 10 October 2006 have an automatic right to apply for subsidiary protection. Regulation 4(2) of S.I. No. 518 of 2006 gives the Minister discretion to consider applications for subsidiary protection from other applicants. If a person, whose deportation order pre-dated the transposition of Council Directive 2004/83/EC and who has been refused leave to remain, is able to identify new facts or circumstances arising after the determination of that application, the Minister has discretion to allow such a person apply for subsidiary protection.
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