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Judicial review of any step in administrative proceedings should be challenged at the appropriate time
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Supreme Court dismisses appeal from Court of Appeal, and affirms refusal of judicial review of a decision to deport an applicant for refugee status, where he was believed to be an organiser for the organisation known as 'Daesh' or 'Islamic State' (where the applicant had already been deported prior to the hearing of the appeal), on the grounds that: (a) the challenge to the decision to deport amounted to a collateral attack on an earlier decision to refuse to allow the applicant to re-enter the asylum process, which should have been challenged by way of judicial review at the appropriate time; and (b) the nature of judicial review was that any step in administrative proceedings should be challenged at the appropriate time, where judicial review was the sole remedy available.
Charleton J (nem diss): Deportation from Ireland - use of pseudonym to protect identity - whether application moot in light of fact that applicant already deported - arrival in Ireland in 2000 - application for asylum - withdrawal of asylum application after application for residency - Irish born child - application based on having Irish citizen in the family - Refugee Act 1996 not in force until after applicant's arrival in the state - commencement on 20 Nov 2000 under Refugee Act 1996 (Commencement) Order 2000 (SI No 365 of 2000) - transitional provisions - effect on withdrawal of asylum application - whether application could be withdrawn unilaterally - steps leading to deportation - grant of residency in 2001 - issue of passport in his country of origin - application in 2014 for permission to remain in State - refused - believed to be an organiser for Daesh or Islamic State - application for leave to remain on humanitarian grounds - refusal of leave to remain - refusal of application to re-enter asylum process - application for judicial review - whether applicant entitled to apply for a declaration of refugee status - deportation order - deported in July 2016 - whether proceedings moot - collateral attack.
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