Gavrylyuk and Anor v Minister for Justice, Equality and Law Reform; Bensaada 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 321
Nature of Proceedings:Judicial Review
Judgment Date/s:14 Oct 2008
Judge:Birmingham J.
Category:Refugee Law
Keywords:Protection (Person Eligible for Subsidiary), Protection (Subsidiary), Protection Status (Subsidiary), Refugee
Country of Origin:Ukraine; Algeria
URL:https://www.courts.ie/acc/alfresco/1fb15f0b-5c2a-48bd-894f-3afacf391033/2008_IEHC_321_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Mr and Mrs Gavrylyuk were Ukrainian nationals of Romanian ethnicity. They applied for asylum in Ireland, claiming that they were being wrongly prosecuted in Ukraine for tax offences. Their applications were refused and they made applications for humanitarian leave to remain in the State. These applications were also refused and deportations orders were made in respect of them in March … Read More

Principles:The Minister does not have an obligation to reconsider the situation of any person in respect of whom a deportation order was made prior to the coming into force of the Regulations. However, the Minister retains a discretion under Regulation 4(2) to accept and consider an application for subsidiary protection from an applicant who is able to show that a change of circumstances has arisen since the deportation order was made.
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