Facts of the case:
The applicants were Nigerian nationals who applied for asylum in Ireland. Their asylum applications were refused and they then applied for subsidiary protection. Their applications for subsidiary protection were also refused and the Minister for Justice subsequently made a deportation order against them. The applicants challenged the decisions to refuse their applications for subsidiary protection and also challenged the decision to make deportation orders against them. The applicants argued that their right to an effective remedy was breached by the failure to allow a full de novo hearing of their subsidiary protection applications.
Outcome of the case:
The High Court rejected the challenge to both the decisions to refuse subsidiary protection and the decision to make deportation orders against the applicants. The court held that the applicant had failed to provide any arguable grounds which the case which the case against the subsidiary protection decision could be challenged and had failed to establish any grounds either arguable or indeed substantial to challenge the deportation decision.
16. Neither the provisions of Article 47 of the European Charter of Fundamental Rights nor Article 39 of the Procedures Directive confer a right of appeal in the sense of a full de novo rehearing. Both of these provisions referred to a "right to an effective remedy before a Tribunal".