‘Standards of Scrutiny in Judicial Review of Deportation Decisions Involving Article 3, ECHR –X.X. v Minister for Justice and Equality’
View / Open Files
Authors
Coffey, DJ
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
Show full item recordCitation
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
Rights
Licence:
http://www.rioxx.net/licenses/all-rights-reserved
Statistics
Total file downloads (since January 2020). For more information on metrics see the
IRUS guide.
Recommended or similar items
The current recommendation prototype on the Apollo Repository will be turned off on 03 February 2023. Although the pilot has been fruitful for both parties, the service provider IKVA is focusing on horizon scanning products and so the recommender service can no longer be supported. We recognise the importance of recommender services in supporting research discovery and are evaluating offerings from other service providers. If you would like to offer feedback on this decision please contact us on: support@repository.cam.ac.uk