High Court refuses leave to appeal to the Court of Appeal a judgment refusing leave to judicially review the decision of the Refugee Applications Commissioner that a Nigerian national not be given refugee status, on the grounds that they failed to raise points of law of exceptional public importance such that it is in the public interest that there be an appeal to the Court of Appeal.
Judicial review – asylum and immigration – application for leave to appeal – High Court refused leave to judicially review - criteria for the grant of leave to appeal – Court added four criteria - application for leave to appeal should be made promptly - question of law should be one which is actually determinative of the proceedings - grant of leave should provide some added value to any matters already before the Court of Appeal - question must be formulated with precision in a manner that indicates how it is determinative of the proceedings – point of law of exceptional public importance - can a first-instance international protection decision-maker in applying a statutorily defined [test] apply a specific pre-ordained deliberately applied modus operandi to decline to make findings concerning certain elements of the test when two of seven relevant statutory criteria are not satisfied - not a point in which any real doubt arises - the fact that the Court of Appeal is already seized of an issue dilutes the public interest in the point being certified a second time – whether a first-instance international protection decision-maker obliged to apply the correct standard of proof to its decision notwithstanding that there is an appeals (sic) from that decision to another body - answer to this question is “yes” – judicial review or appeal - doctrine of alternative remedies should not be pushed too far - question as to whether the commissioner applied the correct or incorrect standard of proof thus in any event does not arise from the judgment - not points of exceptional public importance such that it is in the public interest that there be an appeal to the Court of Appeal - fall to be considered under a now-repealed statutory scheme – leave to appeal refused.