BM v Minister for Justice and Equality, Ireland and the Attorney General

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Respondent/Defendant:Minister for Justice and Equality, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2014] IEHC 25
Nature of Proceedings:Judicial Review
Judgment Date/s:21 Jan 2014
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Protection (Person Eligible for Subsidiary), Protection (Subsidiary), Refoulement, Refugee
Country of Origin:Cameroon
URL:https://www.courts.ie/acc/alfresco/f8acc827-ed7e-459a-a23b-ca399c21a431/2014_IEHC_25_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant, a national of Cameroon, sought ex parte leave to seek judicial review of decisions of the Minister for Justice refusing to revoke a refusal of subsidiary protection a further refusal to permit the applicant to make a further application for subsidiary protection. The applicant had applied for revocation of the refusal of his subsidiary protection application 21 … Read More

Principles:

The principle of equivalence does not mean that equal remedies have to be available for administrative decisions which have their origins in European law.

The Minister for Justice is only obliged to consider material furnished in support of an application for revocation of a refusal of subsidiary protection if he decides to engage with the merits of such an application.

Refusal of subsidiary protection will not breach prohibition on refoulement as that matter is considered subsequently by the Minister

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