Ireland - High Court, 18 May 2011, M.M.v Minister for Justice Equality and Law Reform 2011 No. 8 J.R.
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What was at stake
EDAL summary. This Judicial Review concerned the way in which the Minister for Justice should assess applications for subsidiary protection and, in particular, whether the duty to ‘co-operate’ with the applicant r...
What the court decided
The High Court decided to refer a question to the Court of Justice of the European Union regarding whether the requirement to cooperate with an applicant under Article 4(1) of Council Directive 2004/83/EC obliges the administrative authorities to supply the applicant with the results of the assessment before a decision is made, allowing the applicant to address potential negative aspects.
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