Ireland - High Court, 4 December 2009, M.S.T. v Minister for Justice, Equality and Law Reform [2009] IEHC 529
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What was at stake
EDAL summary. This case concerned the interpretation of Article 4(4) of the Qualification Directive and the transposing Irish measure, which had added certain wording. The Court noted that the Directive left it ope...
What the court decided
The court decided that the additional wording in the transposing Irish measure allows decision-makers to determine eligibility for subsidiary protection based on compelling reasons arising from previous serious harm, without needing to be fully satisfied that the harm is likely to be repeated.
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Authoritative link
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