H.A.A. (Nigeria) v Minister for Justice and Equality

• Jurisdiction: Ireland
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 23 January 2018
• Neutral Citation: [2018] IEHC 34
• Docket Number: [2017 No. 571 J.R.]
• Court: High Court
• Date: 23 January 2018

[2018] IEHC 34

THE HIGH COURT

JUDICIAL REVIEW

Humphreys J.

[2017 No. 571 J.R.]

BETWEEN

H.A.A. (NIGERIA)

APPLICANT

AND

THE MINISTER FOR JUSTICE AND EQUALITY

RESPONDENT

Asylum, Immigration and Nationality - Certiorari - Revocation of deportation - Homosexuality - S. 3(11) of the Immigration Act 1999 - S. 50 of the International Protection Act 2015 - Same-sex orientation

Facts: The applicant sought an order of certiorari for quashing the decision of the respondent/Minister for refusing to revoke a deportation order issued against the applicant under s.3 (11) of the Immigration Act 1999. The applicant contended that the respondent/Minister had failed to deal lawfully with her allegation of anticipated harm if returned to the country of origin arising from her claim to have a same-sex orientation. The respondent/Minister argued with a whole string of significant question marks over the applicant's story. The respondent/Minister contended about the long delay of the applicant's claim and the actual particulars of the claim of homosexuality.

Mr. Justice Richard Humphreys granted an order of certiorari to the applicant in relation to quash only a part of the decision. The Court held that there was lack of clarity in the decision and the decision-maker did not refer as to why it had arrived at the decision that refoulement was not an issue. The Court remitted the matter to the respondent/Minister to reconsider a part of the decision under s. 50 of the International Protection Act 2015 in respect of the homosexuality claim. The Court held that the decision in relation to other issues under s. 50 of the 2015 Act would stand.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 23rd day of January, 2018

1 The present case is an application for certiorari of a ministerial decision refusing to revoke a deportation order under s. 3(11) of the Immigration Act 1999. The main point made by the applicant is that the Minister failed to deal lawfully with her allegation of anticipated harm if returned to Nigeria arising from her claim to have a same-sex orientation. Very helpfully indeed, counsel for the parties (Mr. Conor Power S.C. (with Mr. David Leonard B.L.) for the applicant and Ms. Cindy Carroll B.L. for the respondent) expressly indicated that detailed reasons would not be required, and I am most grateful to them for that (if not mildly hopeful that they might initiate a trend in that respect), so I now set out the reasons in summary for the order being made.

2 The fact-specific difficulty with the ministerial decision in this case is the combination of a failure to refer to the correct test for refoulement in s. 50 of the International Protection Act 2015 (not referred to expressly in the decision and at best paraphrased in a not entirely satisfactory manner), together with a lack of clarity as to why the decision-maker arrived at the...