High Court refuses leave to apply for judicial review of refusal of refugee status, refusal of subsidiary protection and decision to issue a deportation order, holding that judicial review was not an inadequate remedy in asylum and immigration decisions.
Judicial review – refused refugee status – sought subsidiary protection – found that he did not qualify for subsidiary protection – deportation order made – refused an injunction retraining his deportation – issued proceedings challenging the decision of the Tribunal, the subsidiary protection decision and the decision to make a deportation order – impermissible procedural backtracking – time limits – whether Irish procedures satisfy the Procedures Directive – alleged that the Tribunal lacks institutional guarantees in respect of independence and impartiality consequently does not constitute an “effective remedy” – where alternative courses, other than judicial review, taken does not excuse the delay – where an applicant chooses one procedure which is inconsistent with the other does not mean he can now resile from his election of the other course – modern law of judicial review is sufficiently flexible – whether the Donegan decision has any application in asylum and immigration decisions – indefinite nature of deportation order.