Judicial review application amounts to collateral attack on decisions covered by applicable immigration legislation

Judicial review – asylum and immigration – substantive hearing - Somalian national challenging the decision refusing to process his application for subsidiary protection – failure to correctly transpose EU law to domestic law – refused asylum - refused prior to the commencement of the qualification directive – proposal to deport – qualification directive - granted permission to remain – convicted of drugs offences – convicted of violent disorder in prison - permission to remain expired – second proposal to deport - deportation order was made - applied for subsidiary protection under 2006 Regulations – 2006 Regulations had by then been revoked - released from prison - requested that his alleged subsidiary protection application be processed as a matter of priority - Refugee Applications Commissioner stated that the application could not be accepted - Minister reiterated that it could not be so processed – separate application to revoke the deportation order - proceedings are a collateral attack on decisions covered by s. 5 of the 2000 Act - cannot circumvent s. 5 of the 2000 Act - no preclusion on either a reapplication or a first application for protection – whether the application for subsidiary protection was valid – statutory interpretation - no right to make the subsidiary protection application at the time it was made in terms of Irish law – whether the applicant have any rights under the qualification directive – whether the application out of time because the impugned decision is a reiteration of a previous unchallenged decision - proceedings fail as a collateral challenge to a decision governed by s. 5, and on the merits – judicial review refused.