Facts: The applicant claimed to be a national of Somalia and a member of the Bajuni ethnic group. He said he lived on the island of Chula with his wife and five children. He sought asylum in Ireland, claiming to have fled persecution in Somalia at the hands of an Islamist militia fighting the then government. His application for asylum … Read More
AAR v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2015] IEHC 32 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 22 Jan 2015 |
| Judge: | Stewart J. |
| Category: | Deportation |
| Keywords: | Asylum, Asylum Seeker (Secondary Movement of), Deportation, Persecution, Protection (Subsidiary), Refugee, Refugee Law |
| Country of Origin: | Tanzania / Somalia |
| URL: | https://www.courts.ie/acc/alfresco/a50267d5-22d8-4fbd-9609-f85f712dcc2a/2015_IEHC_32_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | A person who makes an application for subsidiary protection or leave to remain is an active participant in the process and it is incumbent on him or her to make available to the decision-making body the evidence needed to make a decision on it. Such a person cannot validly complain if there has been undue delay on his or her part in submitting such information, leading to its not being before the decision-maker at the time of making the decision. A decision to deport a non-Irish national who is suffering from a serious mental or physical illness to a country where the facilities for the treatment of that illness are inferior to those available in the State can raise an issue under article 3 ECHR (prohibition of torture or inhuman and degrading treatment), but only in a very exceptional case, where the humanitarian grounds against the removal are compelling. |