Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
High Court refuses judicial review seeking to direct the Minister for Justice to process a national from Guinea’s subsidiary protection appeal, on the grounds that as the take back request was made before the making of the Dublin III regulation, the regulation does not apply.
Judicial review – asylum and immigration – substantive decision – national from Guinea seeking to require the Minister for Justice to hear his appeal against refusal of subsidiary protection – refused asylum – applied for subsidiary protection – applied for asylum in UK – transferred back to this state – again applied for asylum in UK – Minister refused him subsidiary protection - again transferred back to Ireland – refused leave to land – withdrew application for leave to make new asylum application – application to revoke deportation order revoked - sought information from the Minister regarding the applicant’s alleged entitlement to appeal the subsidiary protection refusal – informed he should address his query to IPAT – IPAT stated that they had no jurisdiction to hear such an appeal – Court refused application to amend the statement of grounds – he does not come within s. 70 of the 2015 Act or the 2013 regulations – whether he has the direct right under Dublin III to an appeal against the subsidiary protection decision – the take back request was made before the making of the Dublin III regulation - Dublin III simply does not apply - whether there is a right of appeal under the European Union (Dublin System) Regulations 2014 - IPAT cannot expand its own jurisdiction – Court would refuse relief on the basis of discretion based on his delay and conduct – no basis for a reference to the CJEU demonstrated – application for an injunction refused – judicial review refused.
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.
Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel.
Click here to request a subscription.