MA v Minister for Justice and Others

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Respondent/Defendant:Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 287
Nature of Proceedings:Judicial Review
Judgment Date/s:06 May 2015
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Protection (Subsidiary), Refugee
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/52c495d9-4a8b-4f96-8f40-c8d9ef9849e5/2015_IEHC_287_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant, an Afghan national, sought certiorari of a decision of the Minister for Justice refusing him subsidiary protection, contending that it was based upon a flawed internal relocation finding. The Minister objected that that complaint was not pleaded in the statement of grounds. The court allowed the complaint to proceed and quashed the subsidiary protection decision. Reasoning: The … Read More

Principles:

This decision shows that, in an effort to ensure that EU law obligations are achieved, the Court will not shut out an applicant from relief because his pleadings challenging an administrative decision lack the specificity normally required.

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