High Court refuses judicial review of challenge to the decision refusing a Nigerian national leave to remain, on the grounds that: there was no failure to take into account his alleged status as a victim of trafficking; his claim to remain entitled to protection as a suspected victim of trafficking is untenable in the circumstances, and an objective reader of the review document can understand the basis for the decisions in the document, particularly in circumstances where the applicant’s core case as to having been involved in prostitution and trafficked to Europe for same had been rejected; and there was no good and sufficient reason for the delay in bringing the leave application.
Asylum and immigration – judicial review – challenge to the decision refusing permission for leave to remain – held that the applicant was not at risk of refoulement if returned to Nigeria – deportation order – argued that the Minister acted unlawfully and contrary to the relevant provisions of the Trafficking Directive (Directive 2011/36/EU of 5 April, 2011 on preventing and combatting trafficking in human beings) - failing to take into account the designation of the applicant as a potential victim of human trafficking for sexual exploitation, in circumstances where, the applicant alleges, reasonable grounds remained for such belief and where she contends she is entitled as a matter of law to remain in the State when she has such a status - decisions were not adequately or at all reasoned and that the decisions - international protection application - decision on international protection - permission to Remain process - Minister’s permission to remain and non-refoulement decisions - legal provisions - administrative arrangements for suspected victims of trafficking - alleged failure to take into account the applicant’s status as a suspected victim of trafficking - making of the Deportation Order was appropriate – no failure to take into account the applicant’s alleged status as a victim of trafficking - alleged breaches of rights under Trafficking Directive and Administrative Arrangements - applicant’s claim to remain entitled to protection as a suspected victim of trafficking is untenable in the circumstances – alleged failure to properly reason decisions and reliance on irrelevant COI - objective reader of the review document can understand the basis for the decisions in the document, particularly in circumstances where the applicant’s core case as to having been involved in prostitution and trafficked to Europe for same had been rejected - delay in bringing judicial review challenge - good and sufficient reason has been made out for the very lengthy delay in bringing the leave application – judicial review refused –