N & Anor 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:[2008] IEHC 107
Judgment Date/s:24 Apr 2008
Judge:Charleton
Category:Refugee Law
Keywords:Protection (Person Eligible for Subsidiary), Protection (Subsidiary), Protection Status (Subsidiary), Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/15d67703-1190-4751-a4e7-ae8f8b753485/2008_IEHC_107_1.pdf/pdf#view=fitH

The Nigerian national applicants were failed asylum seekers who subsequently applied for subsidiary protection. The Minister refused their applications and they sought to quash those decisions by way of review. The applicants argued that subsidiary protection was a right under EU law and not a matter of Ministerial discretion, that they were entitled to a consideration of their claims for … Read More

Principles:A primary focus in applications for subsidiary protection is any risk to which an applicant alleges he or she would be subject if returned, considered in the light of the situation in terms of peacefulness and the functionality of ordinary protection of that country. A primary question in considering a claim for subsidiary protection is whether what is contended for is new, or has already been the subject of an asylum determination. If substantially new material is put forward it must be given a fair and reasoned consideration.
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