Ireland: High Court quashes Ministers decision to refuse subsidiary protection to a national of the DRC, 10 September 2013

On 10th September 2013, Mr Justice McDermott ruled in case S.S.L. v Minister for Justice and Equality [2013] IEHC 421that the refusal of subsidiary protection and the consequent deportation order were unreasonable in light of country of origin information available to the decision-maker at the time. The applicant, a national of the DRC, applied for subsidiary protection in 2010 under the European Communities (Eligibility for Protection) Regulations 2006, but was refused in 2011 due to adverse findings of credibility and a determination that 'there is nothing to suggest that the applicant could not return to Kinshasa where the rule of law exists and the authorities with the help of many foreign countries and organisations are trying to implement change, stability and security in the city'. The applicant was granted permission to seek judicial review of this decision on the ground that the country information consulted was read selectively and the conclusions reached were irrational.

The judge reviewed the country information and set out his conclusions on the situation in DRC at paragraphs 34 and 35. He ruled that 'the overwhelming evidence in the country of origin information in this case is that law and order in the Democratic Republic of Congo has essentially broken down' [34]. At [35]: 'I am satisfied that the applicant has established by reference to country of origin information that matters are so chaotic and dangerous in and around Kinshasa that it would be unreasonable to conclude that the state was in a position to offer protection to its citizens against the near anarchy prevailing, or that the conditions of life in and around Kinshasa can reasonably be said not to give rise to a risk of indiscriminate violence sufficient to amount to a substantial ground for believing that the applicant, if returned, would face a real risk of suffering serious harm'. On this basis, the decision refusing protection was declared unreasonable and quashed.

Read the full judgment on the Irish Courts Service website.

EDAL and the Weekly Legal Update would like to thank Nick Henderson, the Irish ELENA coordinator, for informing ECRE about this case.
 

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