The High Court quashed a decision by the International Protection Office refusing international protection to a Georgian national, on the grounds that the decision-maker failed to await a crucial psychiatric report as requested by the applicant's solicitor before issuing the refusal. The court found that the failure to consider this significant medical evidence amounted to a breach of fair procedure and unreasonableness, notwithstanding the use of accelerated procedures for applicants from designated safe countries. The court also determined that, due to the fundamental unfairness at first instance, the existence of a right to appeal did not preclude judicial review, as it would deprive the applicant of the benefit of having important evidence considered at both stages. The case was remitted back for fresh consideration.
international protection – asylum – judicial review – accelerated procedure – safe country of origin – psychiatric evidence – medical report – fair procedures – remittal – International Protection Act 2015 – International Protection Office – de novo appeal – remedy – Georgia – Rules of the Superior Courts (RSC) – European Union law