Judgment: 2025-10-20 · Court archive

High Court rejects challenge over late international protection appeal

High Court, Judicial Review · [2025] IEHC 543

Who, what, where, when and why

Who
  • GB
  • International Protection Appeals Tribunal
  • Ireland
  • Ms Justice Miriam O’Regan
What

High Court rejects challenge over late international protection appeal

Where

Places mentioned in the report

  • High Court
  • Ireland
When

Judgment:

Other dates in the report
  • 30 May 2024; 29 July 2024

    GB and his spouse arrived in Ireland and applied for international protection on 30 May 2024. His application was refused on 29 July 2024 and he was given ten working days to appeal, with the deadline expiring on 13 August.

  • 30 June 2025

    The judgment records that subsequent correspondence from GB, including documents concerning a November 2024 ministerial refusal and a March 2025 deportation order, was also not dealt with by his solicitors. The completed appeal form was eventually submitted on 30 June 2025, after GB had been arrested the previous day.

  • 2 July 2025

    Ms Justice Miriam O’Regan, delivering judgment on 20 October 2025, upheld a decision by the International Protection Appeals Tribunal dated 2 July 2025 and refused GB’s applications for certiorari and declarations challenging the relevant appeal regulations.

Why

Reasons reported in the judgment

The High Court has rejected a challenge by a Georgian national, identified as GB, to the refusal of an extension of time for his international protection appeal.

The High Court has rejected a challenge by a Georgian national, identified as GB, to the refusal of an extension of time for his international protection appeal.

Ms Justice Miriam O’Regan, delivering judgment on 20 October 2025, upheld a decision by the International Protection Appeals Tribunal dated 2 July 2025 and refused GB’s applications for certiorari and declarations challenging the relevant appeal regulations.

GB and his spouse arrived in Ireland and applied for international protection on 30 May 2024. His application was refused on 29 July 2024 and he was given ten working days to appeal, with the deadline expiring on 13 August.

His new solicitors submitted grounds and written submissions on that date but did not file the prescribed notice of appeal. IPAT pointed out the omission on 15 August and advised that the completed form should be lodged without delay. GB signed the form the following day and sent it to his solicitors, but it was not submitted to the Tribunal.

The judgment records that subsequent correspondence from GB, including documents concerning a November 2024 ministerial refusal and a March 2025 deportation order, was also not dealt with by his solicitors. The completed appeal form was eventually submitted on 30 June 2025, after GB had been arrested the previous day.

His solicitors attributed the failures to a large increase in email traffic, said to be around 200 messages a day, and internal administrative problems. IPAT found those circumstances did not meet the statutory threshold of “special circumstances”.

The High Court agreed. O’Regan J held that the regulations require both special circumstances and a finding that refusing an extension would be unjust. Because the first requirement was not met, IPAT did not have to proceed to the second.

The court also rejected GB’s argument that a valid appeal had been pending since August 2024 and found no breach of his right to an effective remedy under EU law.

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