No judicial review of refusal of subsidiary protection.

By: Mark Tottenham BL, on May 9th, 2012

Osaghe v. Minister for Justice [2012] IEHC 153 (High Court, Cross J, 20 April 2012)

High Court refuses judicial review of refusal of subsidiary protection.

Judicial review - refusal of subsidiary protection - whether S.I. 518/2006 properly transposed into domestic law of the provisions of EU Directive 2004/83/EEC - Nigerian national - fear of forced marriage - life under threat for marrying other man - alleged lack of effective remedy - fear of serious harm - actors of serious harm - application to add entirely new ground.

Quotation from judgment (courtesy of the Courts Service of Ireland):

“In the instant case, the applicant was not subjected to any past serious harm though threats were allegedly made against her. Accordingly, the court is not of the view that even if leave had been granted in respect of the application in relation to "serious harm/actors of serious harm" and such application were made within time that no case can be made by this plaintiff that notwithstanding any error on the part of the Minister indefining "serious harm" that this applicant could avail of this error and successfully set aside the subsidiary protection decision.”

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Stare Decisis Hibernia

No judicial review of refusal of subsidiary protection.

Quotation from judgment (courtesy of the Courts Service of Ireland):

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