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High Court refused judicial review of decision of the Minister for Justice to refuse to re-admit a Palestinian national into the asylum process, on the grounds that the decision was not unreasonable or irrational.
Judicial review – asylum and immigration – substantive hearing - Palestinian national challenging the decision of the Minister for Justice refusing his application to be re-admitted into the asylum process - whether or not the correct test and/or procedure was undertaken by the Minister in the assessment of the s. 17 (7) application – parents killed in bomb blast – detained by army - tortured and degraded – applied for asylum on basis of imputed political opinion – atheist – refused asylum – appealed – changed address without notifying the State- appeal was deemed withdrawn – attended for medical examination – argued that the deciding officer did not take into account his personality disorder - claimed that the new claim was sufficiently different from the earlier claim to admit a realistic prospect that a favourable view could be taken - inability to express his fear of persecution because of his atheism must be viewed in the context of his personality disorder - alcohol abuse – whether claim could have been raised before - whether or not he had the benefit of legal advice – relevant case law – amended provision – nothing unreasonable or irrational about the decision - no error in the assessment and conclusion – judicial review refused.
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