Case summaries
This case concerned the argument that the decision of the Minister with regard to deciding whether to grant subsidiary protection must involve the same procedure as that which is applied in determining refugee status and that, in reviewing any such decision of the Minister, the courts must apply the same principles as apply to refugee determinations, rather than the principles that apply when reviewing the discretionary grant of humanitarian leave to remain or a decision as to non-refoulement. The Court held that nothing in the Procedures Directive required that the decision making process as to subsidiary protection should be the same as that for the refugee process, however if substantially new material was put forward in a subsidiary protection application it must be given a fair and reasoned consideration. The primary focus for deciding upon an application for subsidiary protection under the Qualifications Directive is on obtaining reliable and up to date country of origin information. It is not necessary for the Minister, in making such a decision, to engage in a dialogue with an applicant.
In cases where the applicant fears persecution from non-state actors, the home state can be judged to provide protection if it has in place a system of domestic protection machinery for the detection, prosecution and punishment of such acts, and has an ability and readiness to operate the machinery. Where the line is drawn will depend on the facts of the case.