AW v Minister for Justice (No.2)

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2016] IEHC 111
Nature of Proceedings:Judical review
Judgment Date/s:15 Feb 2016
Judge:Humphreys R.
Category:Deportation
Keywords:Deportation, Deportation Order
Country of Origin:Democratic Republic of Congo
URL:https://www.courts.ie/acc/alfresco/ed4176d9-0c5f-43ff-b210-a1e1c6c64f78/2016_IEHC_111_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: In AW v Minister for Justice (No.2) the applicant was a failed asylum seeker from Democratic Republic of Congo who challenged the Minister’s refusal to revoke a deportation order against her. The applicant claimed that she would be at risk of torture, inhuman and degrading treatment if she was deported to DRC and that her deportation was therefore in … Read More

Principles:

The decision in AW v Minister for Justice (No.2) clarifies the threshold to be applied by the Minister in assessing whether deportation of a person would be in breach of the principle of non-refoulement by specifying a minimum level of gravity required for the alleged breach.

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