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The High Court refused an application to quash a decision of the International Protection Appeals Tribunal, which had declined to extend time for a Georgian national to appeal a refusal of international protection. The court found that the applicant had failed to demonstrate special circumstances to justify the late appeal, as the missed deadlines resulted from ordinary administrative oversight within the applicant’s legal team. The court held that the regulations set a clear threshold requiring both special circumstances and that it would be unjust not to extend time, and that neither was satisfied. The applicant’s additional arguments regarding incompatibility with European Union law and the European Convention on Human Rights were also rejected. The applicant’s request for declaratory and injunctive relief was denied, and the respondents were provisionally awarded their costs, subject to written submissions.
judicial review – international protection – appeal deadline – extension of time – special circumstances – effective remedy – International Protection Act 2015 – International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 – Council Directive 2015/85/EC (Procedures Directive) – right to an effective remedy – European Convention on Human Rights – costs – administrative oversight – legal professional responsibility
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