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07/07/2023
IE: The High Court dismissed an appeal from an Algerian applicant, finding that the applicant had an appropriate remedy in the form of a statutory appeal to International Protection Appeals Tribunal.
07/07/2023
IE: The High Court dismissed an appeal from an Algerian applicant, finding that the applicant had an appropriate remedy in the form of a statutory appeal to International Protection Appeals Tribunal.

ECLI
Input Provided By
EUAA Networks
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Recast Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection)(recast QD)/or QD 2004/83/EC
Reference
Ireland, High Court, T.A v International Protection Office, the International Protection Appeals Tribunal and the Minister for Justice and Equality, [2023] IEHC 390, 07 July 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3946
Case history
Other information
Abstract

The case concerned an Algerian national. The applicant applied for international protection in Ireland in 2020, on the grounds of conflict between the applicant's father and his uncle which escalated following the death of the applicant's father in 2006. The applicant stated that his uncle had tried to attack him through a window at the bakery where he worked. 


The International Protection Office (IPO) acknowledged that the applicant's uncle had wrongly believed that the applicant had reported him to the police for drug offences, which was a material fact. However, the IPO determined that the applicant was likely attacked while sleeping in the bakery and concluded that there was no compelling evidence to suggest that his uncle was responsible for the attack. According to the applicant, the aforementioned conclusion was unreasonable and failed to take pertinent factors into account. 


The applicant filed an appeal before the High Court without pursuing an appeal before the International Protection Appeals Tribunal (IPAT) as the applicant felt that the errors found were so fundamental that the statutory procedure for appeal to the IPAT was not appropriate to address the applicant's complaints. The High Court rejected the applicant's appeal, ruling that the appeal to the IPAT served as a reasonable remedy. Moreover, the High Court ruled that the situation was not one of the rare cases when a court might review the IPO's first instance decision. 


 


Country of Decision
Ireland
Court Name
IE: High Court
Case Number
[2023] IEHC 390
Date of Decision
07/07/2023
Country of Origin
Algeria
Keywords
Assessment of Application
Appeal / Second instance determination