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The High Court has granted leave to amend judicial review proceedings, allowing the applicant to introduce a new claim that the exclusion of an applicant for asylum, such as the
Applicant in this case, from being identified as a victim of trafficking because
she is in the asylum system was unlawful and contrary to human rights law. The court found the new grounds arguable and accepted the applicant's explanation for the initial omission as a result of legal counsel's error. The respondents will face additional logistical burdens, but the court deemed there was no unfair prejudice that would prevent them addressing the new points. The court's decision to allow the amendment underscores the importance of ensuring justice for individuals claiming international protection and asserting victimhood of human trafficking.
Judicial review, amendment of proceedings, International Protection Act 2015, International Protection Appeals Tribunal (IPAT), human trafficking, victim identification, Directive 2011/36/EU, Article 4 ECHR (European Convention on Human Rights), European Convention on Human Rights Act 2003, National Referral Mechanism, An Garda Síochána, asylum system, arguable grounds, logistical prejudice, legal counsel error.
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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