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Work on asylum cases by independent contractors did not amount to an impermissible delegation of statutory functions
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Supreme Court, on appeal from the High Court: (a) dismisses appeals from refusal to grant leave to seek judicial review of a refusal of refugee status, on the grounds that the work on the case by an independent contractor acting as a panel member did not amount to an impermissible delegation of a statutory power by the Refugee Appeals Commissioner, where the work of the independent contract was under the supervision of the Commissioner's office; and (b) dismisses appeals in similar cases arising under legislation enacted in 2015, on the grounds that the more recent legislation expressly contemplated the employment of persons under contracts for services to assist the Minister for Justice in determining claims for subsidiary protection.
O'Donnell J (nem diss): Asylum and immigration - use of independent contractors to determine applications for refugee status - whether use of panel members exceeded lawful authority - statutory function of commissioner being performed by a panel member - alleged non-performance of statutory function by commissioner - performance of statutory function by person not so authorised - guidance notes - delegatus non potest delegare - delegation of statutory power - International Protection Act 2015 - process of decision making - training in decision making - disclosure of guidance notes - mentoring - Chief International Protection Officer - subsidiary protection - interviews by panel members - 1996 Act - differences - provision of draft report - discussion of draft report between case worker and panel member.
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