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The High Court refused an asylum seeker's application for judicial review of the refusal of refugee status and leave to remain, emphasising the necessity to exhaust statutory appeal options before seeking judicial review. The court found that the applicant, a Somali national, had not been denied a fair hearing at first instance and had not presented a material part of his claim regarding clan-based persecution, thus not warranting an exception to the general rule of exhausting appeals. The court also addressed and dismissed subsidiary grounds of challenge, upholding the original decision and directing the applicant to the International Protection Appeals Tribunal (IPAT) for a full de novo hearing.
Asylum seeker, judicial review, statutory appeal, International Protection Appeals Tribunal (IPAT), refugee status, international protection, Somali national, Gabooye clan, racial discrimination, persecution, serious harm, Al Shabaab, country of origin information (COI), UNHCR report, fair hearing, evidence, statutory appeal process, exhaustion of remedies, de novo hearing.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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