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The High Court refused an application by a Somali national seeking leave to challenge the Minister's refusal of permission to remain and a related deportation order. The applicant argued that the Minister had failed to properly assess the risk of indiscriminate violence and other harms in Somalia, as well as the applicant's rights under European and domestic law. However, the court found that the relevant protections and risk assessments had already been considered at earlier stages by protection authorities and that no new evidence or legal obligation required a further assessment at the deportation stage. As there was no stateable or substantial legal ground identified for challenging the decision, leave to proceed with judicial review was refused.
judicial review – leave to apply – international protection – Somali national – deportation order – Minister for Justice – prohibition of refoulement – risk assessment – Article 15(c) Qualification Directive – subsidiary protection – substantial grounds threshold – International Protection Act 2015 – Illegal Immigrants (Trafficking) Act 2000 – European Convention on Human Rights – minority clan discrimination – refusal of permission to remain
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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