Key facts of the case:
The applicant was a national of the Democratic Republic of Congo (DRC) whose application for subsidiary protection was refused by the respondent. The applicant sought to challenge the decision refusing his application for subsidiary protection.
Outcome of the case:
The High Court granted the applicant leave to seek judicial review of the decision refusing his application for subsidiary protection.
7. Grounds 4, 5 and 11, raise issues based upon the proposition that the procedure for adjudicating upon applications for subsidiary protection in this jurisdiction fail to provide an "effective remedy" to an applicant contrary to Article 47 of the Charter of Fundamental Rights and Freedoms of the European Union, Article 13 of the European Convention on Human Rights; that the absence of a "full appeal" against a refusal decision infringes the principles of equivalence and/or effectiveness in European Union Law and is contrary to provisions of Articles 34 and 40.3 of the Constitution.