F.M and S.O.U v The Minister for Justice and Law Reform (Unapproved)

�These two appeals come before the Court from a judgment and orders of the High Court (Humphreys J.) dated 17 April 2018 dismissing the appellants� applications for orders of certiorari quashing the decisions made by the respondent (�the Minister�) not to grant them subsidiary protection.� The challenges brought by F.M. and S.O.U. concern the procedures followed by the Minister pursuant to the European Communities (Eligibility for Protection) Regulations 2006 (�the 2006 Regulations�) in deciding their subsidiary protection applications.

�It is no understatement to say that the procedure provided for in the 2006 Regulations for the determination of subsidiary protection status has been the subject of myriad challenges in the courts in this jurisdiction and the subject of a number of references to the Court of Justice of the European Union (CJEU).� Indeed, both F. M.�s and S.O.U.�s leave applications, initiated, respectively, in 2012 and 2011, were effectively paused to await the outcome of references made to the CJEU concerning the 2006 Regulations.�

��The Minister will make a decision on your eligibility for subsidiary protection first.� If your application for subsidiary protection is successful, you will be allowed to remain in the State for three years (this will be reviewed at the end of three years).�

�If your application is not successful or you have not made an application for subsidiary protection, your representations under s.3 of the Immigration Act 1999 (as amended) will be considered.�

�If the Minister decides to refuse your representations under s.3 of the Immigration Act 1999 (as amended), you will be made the subject of a Deportation Order.� You will no longer have the option of leaving the State voluntarily without a deportation order.�