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The Court of Appeal dismissed an appeal by an applicant facing deportation to South Africa, affirming the High Court's refusal to grant an interlocutory injunction preventing his deportation while judicial review proceedings were ongoing. The applicant, who claimed a risk of violence if returned, argued that the Tribunal accepted he had a well-founded fear of persecution but wrongly found that adequate state protection was available to him in South Africa. The Court of Appeal concluded there was insufficient evidence to show a real risk of significant harm or that effective state protection was unavailable, emphasising that any disruption caused by removal would amount only to the ordinary consequences of deportation. The order refusing to restrain deportation was therefore upheld.
deportation – interlocutory injunction – international protection – judicial review – well-founded fear of persecution – state protection – safe country of origin – Ireland – South Africa – International Protection Appeals Tribunal – grounds for appeal – balance of justice – Okunade principles – Rules of the Superior Courts (RSC) – Immigration – International Protection Act 2015
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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