‘Standards of Scrutiny in Judicial Review of Deportation Decisions Involving Article 3, ECHR –X.X. v Minister for Justice and Equality’
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Authors
Coffey, Darragh
Publication Date
2017-05-01Journal Title
The Irish Jurist
Publisher
University College Dublin
Volume
57
Pages
144-161
Language
English
Type
Article
This Version
AM
Metadata
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Coffey, D. (2017). ‘Standards of Scrutiny in Judicial Review of Deportation Decisions Involving Article 3, ECHR –X.X. v Minister for Justice and Equality’. The Irish Jurist, 57 144-161. https://doi.org/10.17863/CAM.12546
Abstract
On the 24th of June 2016 Humphreys J., sitting in the High Court, dismissed two judicial review applications that challenged a decision of the Minister for Justice and Equality to deport a Jordanian national. The Applicant –who was alleged to have links to the so-called Islamic State (IS)– claimed to be, “deeply afraid of facing persecution, including torture, if he [was] returned to Jordan.” The present case comprised two elements. The first application was for declaratory relief relating to the decision to reject the Applicant’s asylum claim. The second was an application for certiorari of the deportation order. It was in the context of the second application that the Court considered the State’s obligations under Article 3 of the European Convention on Human Rights (ECHR). In this article, I focus on the Court’s treatment of that second application.
Identifiers
This record's DOI: https://doi.org/10.17863/CAM.12546
This record's URL: https://www.repository.cam.ac.uk/handle/1810/266258
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