Applicant seeking appeal of judicial review in asylum case consciously failed to comply with rules of court

Judicial review – asylum and immigration – seeking leave to appeal to the Court of Appeal – High Court refused her judicial review of Refugee Appeals Tribunal decision to refuse her refugee status – procedural failures in her grounding affidavit - O. 40, R.13A, 14 & 14A of the Rule of the Superior Courts (Affidavits) 2012 - deponent who does not possess sufficient fluency in an official language of the State - a fundamental lack of credibility on the applicant’s part absolves the decision-maker of the requirement to consider country-of-origin information when determining the veracity of the applicant’s story - point of law of exceptional public importance and it is desirable in the public interest that an appeal be taken to the Court of Appeal – argued that the Judge decision in relation to the grounding affidavit was contrary to EU law – effect remedy and fair trial - procedural flaws in her grounding affidavit - failed to appreciate the consequences of her conduct - aware of the flaws - flaws were not remedied - consciously failed to comply with the rules of Court - no human error in this case because the applicant was aware of her non-compliance - conduct is also sufficient to undermine any argument that the impugned rules should have been dis-applied to her case - illogical if Article 47 of the Charter of Fundamental Rights and the right to an effective remedy & a fair trial could be used to excuse this kind of behaviour - failed to meet the basic requirement of filing a grounding affidavit that complies with the requisite procedures and the - a point of law of exceptional public importance does not necessarily arise because one division of the High Court diverges from an established consensus of case law – Court did not accept that there is any uncertainty or state of flux in the interpretation of the law regarding situations where there was a fundamental lack of credibility on the applicant’s part – leave to appeal refused.