Ireland - High Court, 27 June 2008, A.B.O. v Minister for Justice, Equality and Law Reform [2008] IEHC 191
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What was at stake
EDAL summary. This case concerned the test to be applied by the Minister as the decision-maker in applications for subsidiary protection. The Court held that it was permissible for the Minister to have regard to th...
What the court decided
The High Court held that the Minister may rely on the credibility assessments and findings of earlier decision‑makers (the first‑instance decision‑maker and the Refugee Appeals Tribunal) when deciding a subsidiary protection application, but if the claim is based on a wholly new basis that has never been considered, the Minister must conduct a particularly careful and thorough independent analysis. The court reaffirmed that the applicant bears the onus to provide clear and convincing proof of a state's inability to protect its citizens.
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