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Supreme Court dismisses appeal from High Court, and affirms refusal to grant judicial review of a decision by the officials of the Minister for Justice to refuse 'leave to remain' to a Nigerian national who had entered the State via Germany and been refused international protection, on the grounds that there was no conflict of interest between the officials of the 'Case Processing Unit' (who made an independent determination on international protection and subsidiary protection), and the officials of the 'Permission to Remain Unit' (who made a determination on 'leave to remain' in the name of the Minister), despite the 'one stop procedure' for determination of all matters.
MacMenamin J (nem diss): International protection - asylum - subsidiary protection - leave to remain - International Protection Act, 2015 - alleged conflict of interest between International Protection Officers (IPOs) and civil servants - administration of 'leave to remain' decisions by civil servants - application by Nigerian national - travel to Ireland via Germany - refusal of international protection - simultaneous refusal of leave to remain in State - judicial review of refusal of leave to remain only - IPOs also acting as civil servants and officers of Minister for Justice - no finding by High Court of conflict of interest or roles - separate 'Case Processing Unit' (CPU) for international protection and 'Permission to Remain Unit' (PRU) for leave to remain - Carltona doctrine - direct appeal to Supreme Court - procedure for international protection - international protection arising under EU law - leave to remain a matter for national law - whether there should be a distinct separation of roles between IPOs and the Minister's officials - independence of Chief International Protection Officer - 'one stop procedure' - deportation - application of EU law.
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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