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High Court grants leave to seek judicial review of refusal of subsidiary protection on the single issue of whether the procedure for application for subsidiary protection and the procedure leading to the making of a deportation order were incompatible with European Union Law.
Ex parte application for leave to seek judicial review – refusal of application for subsidiary protection – European Communities (Eligibility for Protection) Regulations 2006 – parallel application on notice for judicial review of deportation order – Moldova – failed asylum seeker – fear of persecution for reasons of political opinion or activity – risk of serious harm – Minister entitled to conclude that claim not credible – leave to seek judicial review granted re one ground – combined effect of Regulation 4(1) (European Communities (Eligibility for Protection) Regulations 2006 ) and s.3 (Immigration Act 1999) – whether the incorporation of the procedure for application for subsidiary protection into the procedure leading to the making of a deportation order places an inhibition on the making of an application for subsidiary protection which is incompatible with the scheme of the Qualifications Directive and general principles of European Union law – Council Directive 2004/83/EC.
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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