JR141, Re Application for Judicial Review [2021] NIQB 57 (25 May 2021)

JR141, Re Application for Judicial Review [2021] NIQB 57 (25 May 2021)

The SSHD's requests for information under Article 34 were lawful, relevant, and non-excessive, made for the permitted purpose of examining the application for international protection. The data was processed lawfully and fairly. No breach of Regulation 604/2013, Data Protection Act 2018, GDPR, SSHD policy, section 55 Borders, Citizenship and Immigration Act 2009, or Article 8 ECHR was established. The applicant has not established an arguable case with a reasonable prospect of success.

Citation
[2021] NIQB 57
Parties
Applicant: JR141; Proposed Respondent: Secretary of State for the Home Department
Jurisdiction
Northern Ireland
Judgment Date
25 May 2021
Procedural Posture
Judicial Review / Leave to Apply for Judicial Review
Outcome
Leave for judicial review refused
Legal Topics
Asylum, Age Assessment, EU Regulation 604/2013, Data Processing, Children's Welfare, Article 8 ECHR
Immigration Data Protection Human Rights Asylum Age Assessment EU Regulation 604/2013 Data Processing Children's Welfare +1 more

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Parties

JR141

Applicant

Secretary of State for the Home Department

Proposed Respondent

Procedural Posture

Judicial Review / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Lawfulness of SSHD's request for information under Article 34 of Regulation (EU) 604/2013
  2. 2 Lawfulness of retention and use of personal data
  3. 3 Compliance with Data Protection Act 2018 and GDPR

Ratio Decidendi

The SSHD's requests for information under Article 34 were lawful, relevant, and non-excessive, made for the permitted purpose of examining the application for international protection. The data was processed lawfully and fairly. No breach of Regulation 604/2013, Data Protection Act 2018, GDPR, SSHD policy, section 55 Borders, Citizenship and Immigration Act 2009, or Article 8 ECHR was established. The applicant has not established an arguable case with a reasonable prospect of success.

Court Disposition

Leave for judicial review refused