JR18, Re Application for Judicial Review [2021] NIQB 100 (08 November 2021))

JR18, Re Application for Judicial Review [2021] NIQB 100 (08 November 2021))

Leave to apply for judicial review is refused because the applicant has an effective alternative remedy by way of statutory appeal to the First Tier Tribunal, which can consider all new evidence including the medical report. The original decision was not unlawful or procedurally unfair on the evidence available at the time, and the refusal to withdraw the decision is not a reviewable fresh decision.

Citation
[2021] NIQB 100
Parties
Applicant: JR185; Proposed Respondent: Secretary of State for the Home Office
Jurisdiction
Northern Ireland
Judgment Date
08 November 2021
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused
Legal Topics
Procedural Fairness, Mental Health and Asylum, Section 55 Duty to Children, Judicial Review Remedies, Alternative Remedies
Immigration Law Asylum Law Human Rights Law Procedural Fairness Mental Health and Asylum Section 55 Duty to Children Judicial Review Remedies Alternative Remedies

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Parties

JR185

Applicant

Secretary of State for the Home Office

Proposed Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the refusal of asylum on 3 July 2019 was unlawful or procedurally unfair in light of subsequent medical evidence
  2. 2 Whether the refusal to withdraw the asylum refusal decision upon receipt of new medical evidence is unlawful, irrational, or in breach of policy or statutory duty
  3. 3 Whether the applicant has an effective alternative remedy by way of statutory appeal

Ratio Decidendi

Leave to apply for judicial review is refused because the applicant has an effective alternative remedy by way of statutory appeal to the First Tier Tribunal, which can consider all new evidence including the medical report. The original decision was not unlawful or procedurally unfair on the evidence available at the time, and the refusal to withdraw the decision is not a reviewable fresh decision.

Court Disposition

Leave to apply for judicial review refused