YY v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:Supreme Court
Citation/s:[2017] IESC 61
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Jul 2017
Judge:O’Donnell D.
Category:Deportation
Keywords:Deportation, Deportation Order, European Convention on Human Rights (ECHR), Refoulement (Non-)
URL:https://www.courts.ie/acc/alfresco/dca55e04-1f20-4b13-9fe3-10949b991711/2017_IESC_61_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was an Algerian national who was granted refugee status in Ireland on 15 July 1997 on the basis of false documentation. He was granted travel documentation on 10 October 2000, which allowed him to leave Ireland and commit multiple offences abroad. The applicant was convicted of a number of terrorism related offences in France and sentenced to … Read More

Principles:

The Minister is obliged to consider the principle of non-refoulement under s.5 of the Refugee Act 1996, as informed by the case law of the European Court of Human Rights in respect of article 3 of the European Convention on Human Rights, when deciding  whether an individual can be deported  under s.3 of the Immigration Act 1999. The test to be applied was whether there were substantial grounds for believing that there was a real risk of torture or inhuman or degrading treatment, and if so a person could not be surrendered, deported or expelled to such a country.  The guarantee under article 3 was absolute and applied in all circumstances. Accordingly, although the consequence of refusing deportation or expulsion was that the applicant would remain within the contracting state, it was irrelevant that there might be compelling national security reasons for expulsion from the state.

While the Minister was not required to notify the applicant of any mainstream country of origin information relied on in the decision, obscure material that was going to materially change the picture appearing from the basic and universal material should however be notified.

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