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High Court refuses judicial review of the decision refusing a Georgian national subsidiary protection, on the grounds that there was no breach of his right to be heard, and it is not unfair or a breach of natural and constitutional justice or ultra vires for there to have been a system where the invitation to make a subsidiary protection application came in tandem with the proposal to deport.
Judicial review – asylum and immigration – substantive decision - Georgian national challenging the decision of the Minister for Justice refusing him subsidiary protection – proceedings on hold while another case concerning the right to be heard was litigated – alleged breach of the right to be heard – grounds do not engage with the facts of the case - grounds have an air of mass-production about them - complaint that the subsidiary protection procedure was entwined with the deportation order procedure - no illegality in such a procedure - a legislative choice - principle of equivalence of effectiveness - not denied an effective examination of EU law rights – alleged lack of independence of the decision-maker - not unfair or a breach of natural and constitutional justice or ultra vires for there to have been a system where the invitation to make a subsidiary protection application came in tandem with the proposal to deport - court must look at the substantive reality of the situation - rights were respected - complaint of lack of impartiality has already been rejected.
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