IPAT did not err in making fresh findings without prior notice in the context of a ‘papers-only’ appeal

Asylum and immigration – judicial review – Albanian national challenging the decision refusing him international protection – claimed that his nephew was murdered - claims to believe that he too is at risk of being killed by the criminal gang – fled to Ireland – refused international protection – papers only appeal – argued that the Tribunal erred in law and acted in breach of natural and constitutional justice in making fresh findings without prior notice on a papers-only appeal – overlap in the decisions – notice – generic pleadings – Court does not accept that the IPAT erred in law and/or acted in breach of natural and constitutional justice in making fresh findings without prior notice in the context of a papers-only appeal – argued that Tribunal acted ultra vires in accepting, considering and determining the appeal of the decision of the IPO in circumstances where a lawful examination of his application for international protection was not carried out by an authorised person of the IPO – Court previously rejected this argument – decision from Supreme Court awaited – judicial review refused