I.G. (Albania) v The Chief International Protection Officer

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 17 September 2018
• Neutral Citation: [2018] IEHC 509
• Docket Number: [2018 No. 541 J.R.]
• Date: 17 September 2018

BETWEEN

I.G. (ALBANIA)

APPLICANT

AND

THE CHIEF INTERNATIONAL PROTECTION OFFICER

AND

THE MINISTER FOR JUSTICE AND EQUALITY

RESPONDENTS

AND

THE INTERNATIONAL PROTECTION APPEALS TRIBUNAL

NOTICE PARTY

[2018] IEHC 509

Humphreys J.

[2018 No. 541 J.R.]

THE HIGH COURT

JUDICIAL REVIEW

Immigration and asylum – Subsidiary protection – Certiorari – Applicant seeking a stay on the hearing before the International Protection Appeals Tribunal pending an appeal to the Court of Appeal against the High Court’s refusal of a stay pending the determination of the test cases – Whether the High Court’s findings were incorrect

Facts: The applicant arrived in the State on 19th September, 2015, and applied for asylum two days later. That application was rejected. She then appealed to the Refugee Appeals Tribunal. On 31st December, 2016, on the commencement of the International Protection Act 2015, the application was required to be remitted to the International Protection Office (IPO) for determination of the subsidiary protection aspect of the claim. On 6th June, 2018, that application was rejected by the IPO. On 26th June, 2018, the applicant appealed the subsidiary protection and asylum decisions to the International Protection Appeals Tribunal (IPAT). On 4th July, 2018, the applicant sought certiorari of the IPO decision. On 10th September, 2018 the applicant sought a stay on the IPAT hearing pending the determination of test cases dealing with the technical point as to whether the IPO is entitled to use contractors in assessing protection claims. After an inter partes hearing, Humphreys J dismissed the stay application: N.A. v Chief International Protection Officer [2018] IEHC 499 (Unreported, High Court, 10th September, 2018). One week later, the applicant came back seeking a very similar relief, namely a stay on the hearing before the IPAT pending an appeal to the Court of Appeal against Humphreys J’s refusal of a stay pending the determination of the test cases.

Held by Humphreys J that the reasons that he set out in the judgment of 10th September, 2018 in N.A. all applied to this application. He noted that the applicant’s submissions did not really offer any meaningful reason why those findings did not apply; rather she sought to contend that those findings were incorrect. That seemed to Humphreys J to be a questionable procedure in the context of an application brought by the same applicant.

Humphreys J held that he would refuse a stay on the IPAT hearing.

Application refused.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 17th day of September, 2018

1 The applicant arrived in the State on 19th September, 2015, and applied for asylum two days later. That application was rejected. She then appealed to the Refugee Appeals Tribunal. On 31st December, 2016, on the commencement of the International Protection Act 2015, the application was required to be remitted to the International Protection Office for determination of the subsidiary protection aspect of the claim. On 6th June, 2018, that application was rejected by the IPO. On 26th June, 2018, the applicant appealed the subsidiary protection and asylum decisions to the International Protection Appeals Tribunal, which is due to hear the appeal on 24th September, 2018. On 4th July, 2018, the present proceedings were filed, in which the primary relief sought is certiorari of the IPO decision. On 10th September, 2018 the applicant sought a stay on the IPAT hearing pending the determination of test cases dealing with the technical point as to whether the IPO are entitled to use contractors in assessing protection claims. After an inter partes hearing, I dismissed the stay application: N.A. v. Chief International Protection Officer [2018] IEHC 499 (Unreported, High Court, 10th September,...