High Court refuses judicial review of the refusal of international protection sought by a Zimbabwean national who unlawfully left the State and unlawfully entered the United Kingdom, on the ground that there was no error of law in the determination that the State did not have discretion to reassume responsibility for the examination of the international protection application.
Asylum and immigration – judicial review – two sets of proceedings brought by national of Zimbabwe – challenge to decision refusing subsidiary protection – challenge to the decision of the International Protection Office (IPO) that the State does not have discretion to reassume responsibility for the examination of the international protection application of the applicant - State was no longer responsible for the examination of that international protection application because the applicant had left the State unlawfully and then entered the United Kingdom unlawfully - ‘take back’ request to Ireland - transfer of the applicant did not take place within the following six-month period and no request was made during that period for any extension of time to effect that transfer – responsibility for examining the international protection application of the applicant had been transferred to the United Kingdom – background facts – decision of the IPO – argued that Ireland has erred in law and in fact in reaching a finding that it does not have jurisdiction to exercise its discretion to examine the application where the Applicant is not present in its territories – argued that Ireland has acted in breach of the Dublin III Regulation in failing to consider whether it will accept a transfer of the Applicant into the state – argued that the State breached the law by failing to have in place a designated system and/ or mechanism through which Ireland can exercise its discretion to examine the application and in failing to publish and/ or notify concerned applicants of such system – relevant law – no error of law by the IPO in its determination that the exercise of the discretion to reassume responsibility for the examination of the international protection application of the applicant did not arise - Ireland has not acted in breach of the Dublin III Regulation in failing to consider whether to accept the transfer of the applicant into the State - no issue concerning the policy or procedure under which Ireland exercises the discretion to examine applications – judicial review refused –