The High Court has dismissed S.O. (Nigeria)’s application for leave to appeal a decision that upheld the refusal of permission to remain in Ireland.
In a judgment delivered on 21 October 2019, Mr Justice Richard Humphreys said the applicant’s first proposed question concerned how a medical condition should be considered under section 49 of the International Protection Act 2015 and Article 8 of the European Convention on Human Rights.
The judge said the question did not arise on the facts. He noted that the review decision recorded consideration of the applicant’s case under section 49 and consideration of private and family rights under Article 8. He also referred to a recent Supreme Court decision, D.E. v Minister for Justice and Equality, as addressing the area.
The second proposed question asked about the Minister’s obligations concerning non-refoulement under section 50(2) of the 2015 Act. The judge said the applicant had made no submissions on refoulement in the underlying case. He also considered the proposed question too general and said the Supreme Court’s D.E. decision had addressed non-refoulement insofar as relevant to Article 3 of the Convention.
The application arose from an earlier judicial review challenge to a review decision refusing leave to remain under section 49(7) of the 2015 Act. The judge had dismissed that challenge in July 2019. He declined the applicant’s request to adjourn the appeal application while a separate, later judicial review challenge to a deportation order was pending, describing it as a separate case.
The court dismissed the leave to appeal application. The judgment does not determine the separate challenge to the deportation order.