NM v Minister for Justice

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 638
Nature of Proceedings:Judicial Review
Judgment Date/s:18 Dec 2014
Judge:Barr J.
Category:Refugee Law
Keywords:Asylum, Asylum (Application for), Refugee
Country of Origin:Democratic Republic of Congo
URL:https://www.courts.ie/acc/alfresco/cc84b87e-96f2-4087-b3f2-4340228f208c/2014_IEHC_638_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant applied to the Minister for Justice for permission to re-enter the asylum system under s. 17(7) of the Refugee Act 1996. Her application was refused and a review was available to her, which would be carried out by a more senior official in the Minister’s department. The review was sought and proved unsuccessful. The applicant instituted proceedings … Read More

Principles:

An official of the Department of Justice charged with reviewing a refusal to allow a failed asylum seeker to re-enter the asylum process under s. 17(7) of the Refugee Act 1996 is not a “court or tribunal” within the meaning of Article 39 of the Procedures Directive. Nor is the High Court exercising its judicial review function.

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