High Court refuses judicial review of decision of the International Protection Appeals Tribunal deeming the applicant’s asylum application inadmissible where the applicant had previously obtained refugee status in Greece, on the grounds that no error of law was demonstrated.
Asylum and immigration – judicial review – European law - obtained refugee status in Greece – left and came to this state by way of France - applied for asylum - falsely asserted that he had not been granted asylum elsewhere - could not be returned to Greece because the Greeks declined to accept him - application having already been finalised – application deemed inadmissible – appealed to International Protection Appeals Tribunal – appeal dismissed – proceedings issued - applicability of Section 5 of Illegal Immigrants (Trafficking) Act 2000 - should the tribunal consider conditions in a country that has granted asylum previously when considering whether a protection application is admissible – irrationality - decision is a purely factual assessment of the material before the tribunal and was well within what was open to the tribunal in such circumstances – lack of reasons - reasons are sufficient in the circumstances - alleged failure to apply ECHR caselaw - not a proper ground for judicial review – whether there was an error in relying on the applicant’s failure to provide evidence - assessment of the evidence is quintessentially a matter for the decision-maker – no error of law demonstrated – whether there was an illegality in failing to hold an oral hearing or failing to put the tribunal’s specific concerns to the applicant – whether the Tribunal should have sought assurances or further information from Greece - system of mutual confidence – judicial review refused –