JR171, Re Application for Judicial Review [2021] NIQB 82 (07 October 2021)

JR171, Re Application for Judicial Review [2021] NIQB 82 (07 October 2021)

Leave to apply for judicial review is granted against the Police Service of Northern Ireland only, limited to whether information provided to the applicant gave rise to a threat meeting the Article 2 ECHR threshold and whether reasonable operational measures were required and discharged. Leave is refused against the Secretary of State as no substantial threat from Northern Ireland-related terrorism was established and no unlawful discrimination or procedural unfairness is made out.

Citation
[2021] NIQB 82
Parties
Applicant: JR171; First Proposed Respondent: Secretary of State for Northern Ireland; Second Proposed Respondent: Police Service of Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
07 October 2021
Procedural Posture
Judicial Review / Leave to Apply for Judicial Review
Outcome
Leave granted against Police Service of Northern Ireland only; leave refused against Secretary of State.
Legal Topics
Article 2 ECHR, Article 3 ECHR, Article 14 ECHR, Home Protection Scheme, Police Operational Duty
Public Law Human Rights Article 2 ECHR Article 3 ECHR Article 14 ECHR Home Protection Scheme Police Operational Duty

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Parties

JR171

Applicant

Secretary of State for Northern Ireland

First Proposed Respondent

Police Service of Northern Ireland

Second Proposed Respondent

Procedural Posture

Judicial Review / Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the applicant is subject to a threat meeting the Article 2 ECHR threshold
  2. 2 Whether the State has discharged its operational duty to protect life under Article 2 ECHR
  3. 3 Whether refusal to admit applicant to Home Protection Scheme is unlawful or discriminatory

Ratio Decidendi

Leave to apply for judicial review is granted against the Police Service of Northern Ireland only, limited to whether information provided to the applicant gave rise to a threat meeting the Article 2 ECHR threshold and whether reasonable operational measures were required and discharged. Leave is refused against the Secretary of State as no substantial threat from Northern Ireland-related terrorism was established and no unlawful discrimination or procedural unfairness is made out.

Court Disposition

Leave granted against Police Service of Northern Ireland only; leave refused against Secretary of State.

Orders

  • Applicant's Order 53 statement to be amended to reflect single ground as set out in paragraph 21.
  • Leave to apply for judicial review refused against Secretary of State.