The High Court refused the applicant's judicial review challenging a decision by the international protection appeals tribunal declining to extend the time for appeal of a refusal of international protection. The tribunal found that the delay—caused by the applicant's solicitor missing an email—did not amount to 'special circumstances' justifying an extension, particularly as the four-week delay was over twice the permitted period. The court held that the tribunal had provided adequate reasons, and was correct in its application of the legal test, meaning the applicant was not entitled to the relief sought. Costs were awarded against the applicant.
judicial review – international protection – appeal out of time – special circumstances for extension – adequate reasons – extension of time – solicitor error – subsidiary protection – refusal of refugee status – International Protection Act 2015 – Procedures and Periods for Appeals Regulations 2017 – interpretation of legal thresholds – costs order – Rules of the Superior Courts (RSC)