Supreme Court dismisses appeal from High Court, and affirms refusal to grant declarations by way of judicial review concerning the right of a Congolese national to remain in the State pending a decision of the International Protection Appeals Tribunal (IPAT), where a deportation order had been made, on the grounds that the decision by the International Protection Officer (IPO) was the 'first instance' decision, and the role of the International Protection Appeals Tribunal was an appeal from that body, such that the right to remain ceased once the IPO had made its recommendation.
McKechnie J (nem diss): Judicial review - asylum and immigration - declarations concerning legal position in the State - pending decision on international protection - s. 22 of the International Protection Act 2015 - whether right to remain in the State until decision made - injunction restraining removal pending determination - ‘Council Directive 2005/85/EC of 1stDecember, 2005, on Minimum Standards on Procedures in Member States for the Granting and Withdrawing of Refugee Status’ (“the Procedures Directive") - Congolese national - deserter from armed forces - asylum applications in the Netherlands in 2005 - unsuccessful - removed to South Africa - arrived in Ireland in 2011 - 'Stamp 4' residency in Ireland after residence for five years - partner and two children - deportation order - detention in prison - whether applicant had been afforded a 'decision at first instance' - whether he could be removed from State pending such a decision - sequential nature of protection process - finding by trial judge that applicant had abused immigration system in Ireland and the Netherlands - whether proceedings were a collateral attack on the deportation order - whether a decision under section 22 of the 2015 Act could be regarded as a 'decision at first instance' - whether court entitled to refuse relief on a discretionary basis where appellant had asserted a right to remain in the State by virtue of EU law - whether immigration history in the Netherlands was relevant - procedure for judicial review of decisions under 2015 legislation - whether right to remain in the State ceased at the time of the decision by the International Protection Office.