MM v The International Protection Office & Ors (Approved) [2025] IEHC 118 (05 February 2025)

MM v The International Protection Office & Ors (Approved) [2025] IEHC 118 (05 February 2025)

Applicant is not entitled to relief by judicial review because he has an adequate alternative remedy via statutory appeal to IPAT, and no material part of his claim was omitted from consideration at first instance.

Source-derived case information.

Citation
[2025] IEHC 118
Parties
Applicant: MM; Respondent: The International Protection Office; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
05 February 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Relief refused; judicial review dismissed.
Legal Topics
International Protection, Refugee Status, Statutory Appeal, Judicial Review, Country of Origin Information
Immigration Administrative Law International Protection Refugee Status Statutory Appeal Judicial Review Country of Origin Information

Source-derived case record

Summary, issues, holding and outcome

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Parties

MM

Applicant

The International Protection Office

Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether applicant can challenge refusal of international protection by judicial review when statutory appeal is available
  2. 2 Whether first respondent failed to consider risk of persecution due to Gabooye clan membership
  3. 3 Whether failure to consider UNHCR report constituted procedural deficiency

Ratio Decidendi

Applicant is not entitled to relief by judicial review because he has an adequate alternative remedy via statutory appeal to IPAT, and no material part of his claim was omitted from consideration at first instance.

Court Disposition

Relief refused; judicial review dismissed.

Orders

  • Refusal to set aside decision of first respondent dated 15 August 2023
  • Refusal to set aside decision refusing leave to remain dated 22 August 2023