Judgment: 2026-04-22 · Court archive

High Court refuses Nigerian man leave to challenge protection refusal and deportation order

High Court · [2026] IEHC 248

Who, what, where, when and why

Who
  • TE
  • International Protection Appeals Tribunal
What

High Court refuses Nigerian man leave to challenge protection refusal and deportation order

Where

Places mentioned in the report

  • Ireland
  • Nigeria
When

Judgment:

Other dates in the report
  • 20 October 2025

    The International Protection Office rejected central parts of that account as not credible in January 2025. TE appealed, but the International Protection Appeals Tribunal dismissed the appeal on 20 October 2025 after a two-day oral hearing.

  • 26 November 2025

    TE later sought permission to remain, but that application was refused. The Minister subsequently concluded on 26 November 2025 that returning him to Nigeria would not breach the prohibition on refoulement and made a deportation order the same day.

  • 6 January 2026

    TE filed judicial review proceedings on 6 January 2026. His challenge to the Tribunal decision was outside the statutory 28-day period. His solicitor said earlier legal advice had focused on refoulement rather than the credibility findings and that the complete file was not received until 5 January.

Why

Reasons reported in the judgment

The International Protection Office rejected central parts of that account as not credible in January 2025. TE appealed, but the International Protection Appeals Tribunal dismissed the appeal on 20 October 2025 after a two-day oral hearing.

The High Court has refused a Nigerian man permission to challenge the rejection of his international protection claim and a subsequent order deporting him to Nigeria.

The applicant, identified as TE, entered Ireland in November 2024 and applied for international protection the following day. He claimed that he was a Pentecostal pastor who had faced persecution after conducting a blessing or marriage ceremony for a same-sex couple in Nigeria.

The International Protection Office rejected central parts of that account as not credible in January 2025. TE appealed, but the International Protection Appeals Tribunal dismissed the appeal on 20 October 2025 after a two-day oral hearing.

The Tribunal accepted country information showing that LGBT people and those advocating for their rights can face serious persecution in Nigeria. However, it did not accept TE's personal account. It cited inconsistencies over whether he had conducted a marriage or blessing, questions about his claimed pastoral background, limited supporting documentation and concerns over documents submitted in support of his story.

TE later sought permission to remain, but that application was refused. The Minister subsequently concluded on 26 November 2025 that returning him to Nigeria would not breach the prohibition on refoulement and made a deportation order the same day.

TE filed judicial review proceedings on 6 January 2026. His challenge to the Tribunal decision was outside the statutory 28-day period. His solicitor said earlier legal advice had focused on refoulement rather than the credibility findings and that the complete file was not received until 5 January.

Mr Justice Bradley found those circumstances did not amount to good and sufficient reason for extending time. He also considered the proposed challenge on its merits and held that TE had not shown substantial grounds for arguing that the Tribunal's detailed credibility assessment was unlawful.

The court further rejected an argument that the Minister should have given a separate 15-day opportunity for representations under the Immigration Act 1999, finding the deportation was made under the International Protection Act 2015. Leave and an injunction restraining deportation were refused.

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