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European Observer on fundamental right's respect

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Case Law [2010] IESC 44 (09/07/2010)

Type: Judgment

Authority: National Courts: Supreme Courts (Eire) - Supreme Court

Date: 07/09/2010

Subject: The Supreme Court judge on preliminary questions in the matter of subsidiary protection. The Court confirms the discretionary power of the Minister to take into consideration requests of subsidiary protection, according to the European Communities (Eligibility for Protection) Regulations of 2006, implementing Directive 2004/83/EC of the Council on the minimum standards for the qualification of nationals of third Countries or stateless persons as refugees or persons in need of international protection, and on the concept of guaranteed protection; the second one denies that the Regulations or the Directive give the Minister any discretionary power to re-open cases concerning requests for subsidiary protection, for which an order of expulsion had been issued before 10 October 2006 (date of adoption of such Regulations);

Parties: Enitan Pamela Izevbekhai, Naomi Alero Izevbekhai (a minor) and Jamima Temisanre Izevbekhai (a minor) (both suing by their mother and next friend Enita Pamela Izevbekhai) e the Minister for Justice, Equality and Law Reform

Original language: Irish

Classification: Freedoms - Art. 18 Right to asylum - Art. 19 Expulsion - Extradition

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