Facts:The appellant purported to make a stand-alone application for subsidiary protection to the Minister for Justice under the EC (Eligibility for Protection) Regulations 2006. The Minister replied that he was not entitled to make such an application because he had not been refused a declaration of refugee status, never having applied for same. The appellant unsuccessfully challenged that decision by … Read More
HN v Minister for Justice and Equality
| Respondent/Defendant: | Minister for Justice and Equality |
| Court/s: | Supreme Court |
| Citation/s: | [2014] IESC 30 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 27 Mar 2015 |
| Category: | Refugee Law |
| Keywords: | Protection (Subsidiary), Refugee |
| Country of Origin: | Pakistan |
| URL: | http://www.courts.ie/Judgments.nsf/0/291BB82D1931872F80257E1500568898 |
| Geographic Focus: | Ireland |
| Principles: | Delay caused by the refusal of a person to participate in a legally required process and consequent unsuccessful proceedings seeking to have that process declared unlawful will not ground a claim for damages. In the instant case, a person who refused to apply for refugee status could not successfully set aside the refusal of a purported application for subsidiary protection, as the latter application could only be determined if the person had made an application for refugee status. |