O (T)(A Minor) v Refugee Appeals Tribunal and Others

• Jurisdiction: Ireland
• Judge: Mr. Justice Colm Mac Eochaidh
• Judgment Date: 21 December 2012
• Neutral Citation: [2012] IEHC 576
• Court: High Court
• Date: 21 December 2012

[2012] IEHC 576

THE HIGH COURT

Record No 231 JR/2012

O (T) (a minor) v Refugee Appeals Tribunal & Ors

No Redaction Required

JUDICIAL REVIEW

BETWEEN

T O (A MINOR)

APPLICANT

AND

THE REFUGEE APPEALS TRIBUNAL, IRELAND AND THE ATTORNEY GENERAL

RESPONDENT

TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION ART 267

UN CONVENTION ON THE RIGHTS OF THE CHILD 20.11.1989 ART 3

S (DVT) v MIN FOR JUSTICE & ORS 2008 3 IR 476 2007/54/11621 2007 IEHC 305

IMMIGRATION

Asylum

Application for leave to seek judicial review - Nigeria - Minor - Mental health - Availability of psychiatric treatment - Effective remedy - Consideration of country of origin information - Best interest of child - Whether rational - Whether principle of best interest of child relevant to entitlement to refugee status - S(DVT) v The Minister for Justice, Equality and Law Reform and the Refugee Appeals Tribunal [2007] IEHC 305, [2008] 3 IR 476 considered - Treaty on the Functioning of the European Union, Art 267 - Convention on the Rights of the Child 1990, art 3 - Leave refused; aspect of case relating to effective remedy adjourned pending decision of European Court of Justice (2012/231JR - Mac Eochaidh J - 21/12/2012) [2012] IEHC 576

O(T)(a minor) v Refugee Appeals Tribunal & ors

Facts The applicant (a minor) had made an application for asylum which had been refused. The applicant”s mother had also made an unsuccessful application for asylum to the Refugee Appeals Tribunal and had medical difficulties relating to depression. The applicant instituted judicial review proceedings contending that the determination of applications for refugee status failed to provide an effective remedy within the meaning of the Procedures Directive. In addition it was contended that there was a likelihood of non-treatment of her mother”s mental illness in Nigeria. A complaint was also made that the Tribunal decision did not address adequately matters relating to the UN Convention on the Rights of Children.

Held by Mac Eochaidh J in refusing leave to bring judicial review proceedings. The court would adjourn the aspect of the case regarding the Procedures Directive as this issue was currently before the European Court. The decision by the Tribunal as to the availability of the relevant medical services in Nigeria was rational. The court rejected the complaint made that the country of origin information was only capable of supporting an interpretation to the effect that it was probable that the minor applicant”s mother would not receive treatment. The general statement by the Tribunal as to the terms of the Convention on the Rights of the Child did not trigger a requirement that a conclusion be expressly made as to the manner in which it affected the outcome of the case.

1 1. This is an application for leave to seek judicial review in respect of the decision of the Refugee Appeals Tribunal on the minor applicant's application for refugee status.

2 2. The applicant was born in Ireland on 17 ^th November 2009. She sues in this court through her next friend, her mother, who herself is barely beyond minority. The applicant's mother unfortunately suffers from depression and has difficulties with her mental health. The applicant's mother made an unsuccessful application for asylum to the Refugee Appeals Tribunal.

3 3. It is argued that the determination of applications for refugee status fail to provide an effective remedy within the meaning of the Procedures Directive. This issue has been referred by the High Court in Ireland to the Court of Justice of the European Union pursuant to Article 267 of the Treaty on the Functioning of the European Union and a decision is awaited. The Advocate General delivered his opinion in the matter on 6 ^th September 2012. The parties agree that this aspect of the case should be adjourned until the decision of the Court of Justice is to hand. I agree.

4 The application for asylum was submitted to the Office of the Refugee Applications Commissioner on 7 ^th September 2011. The minor applicant's mother claimed that Testimony (her daughter, the minor applicant) would be exposed to persecution in Nigeria by reason of the absence of extended family and her own inability to provide for her. Her refugee status was denied by the Commissioner and this decision was appealed to the Refugee Appeals Tribunal.

5 The Notice of Appeal indicated there were serious mental health issues. It was claimed that persons with a mental illness are ill-treated, imprisoned, stigmatised and otherwise targeted in Nigeria. The case made on behalf of Testimony was that she would be targeted as a result of her mother's illness. Country of origin information indicated the disadvantages suffered by persons with mental illness in Nigeria.

6 The appeal was accompanied by three medical reports as to the mother's illness and it is not contested that she is on prescription medication for the illness.

7 On 19 ^th January 2012, the Tribunal...