Leave for judicial review refused on protection refusal due to delay, but granted for permission to remain decision

The High Court refused leave to apply for judicial review of a decision by the International Protection Appeals Tribunal (IPAT) that upheld the refusal of international protection to an applicant from Georgia, on the basis that the application was not brought within the required 28-day time limit and no adequate reason was given to excuse the delay. While the court found that a marginal argument could have been made regarding the sufficiency of state protection in light of evidence of corruption, the applicant’s explanation for waiting on a separate permission to remain decision was not 'good and sufficient' under the statutory test. However, the court granted leave for judicial review in respect of the subsequent decision refusing permission to remain in the State, as the applicant had made that application within the time limit and an arguable basis existed for judicial review due to the lack of clear consideration of humanitarian factors tied to findings of persecution. The remainder of the grounds were refused, and the court made no order on the costs of the reinstatement application.