The Court of Appeal has dismissed the Minister for Justice, Home Affairs and Migration’s challenge to a High Court ruling which quashed the refusal of international protection to a woman identified as E.L.
Mr Justice Anthony M. Collins said the Minister had not appealed a key finding that the International Protection Office acted unlawfully by deciding E.L.’s application without awaiting a psychological report which her solicitor had told the office was forthcoming.
E.L. arrived in Ireland on 17 February 2024 and applied for international protection two days later. As she was from a designated safe country of origin, her claim was processed under an accelerated procedure.
Her solicitor wrote to the IPO on 8 April 2024 asking it not to decide the case until a scheduled psychological assessment had taken place. Dr Gillian Moore Groarke examined E.L. on 17 April and issued a report on 19 April. It was sent to the IPO on 23 April.
The IPO had already completed its report and recommendation. The High Court later held that failing to await the psychologist’s report breached the co-operation duty imposed by section 28 of the International Protection Act 2015 and was unreasonable.
The Minister appealed on the basis that E.L. had an effective alternative remedy through a full appeal to the International Protection Appeals Tribunal. However, counsel confirmed that the Minister was not appealing the High Court’s finding that the IPO had breached its statutory duty.
Mr Justice Collins said that unchallenged finding was an independent basis for the judicial review order and had become final between the parties. The Court of Appeal therefore could not set it aside indirectly by accepting the alternative-remedy argument.
The court dismissed the appeal and affirmed the High Court judgment and order. It provisionally indicated that E.L., having succeeded entirely on appeal, should receive her appeal costs from the Minister, including reserved costs, subject to any submissions from the parties.