The High Court has quashed a decision refusing a Malawian woman permission to remain in Ireland after finding that the assessment contained a serious error about her employment and did not properly engage with her circumstances.
The woman, identified as LM, arrived in Ireland on a student visa in March 2012. She remained lawfully under student permissions until September 2017, then spent about four years without lawful residence or work permission before applying for international protection in September 2021.
Her protection claim was ultimately refused. The International Protection Appeals Tribunal accepted that she had suffered domestic violence in Malawi but found that state protection was available there.
LM then sought a review of an earlier refusal of permission to remain under section 49 of the International Protection Act 2015. That review was rejected on 8 April 2025.
Mr Justice Barr held that the review decision repeatedly stated that no recent material showed whether LM was currently employed. However, her submissions said she worked as a home care assistant and she held a labour-market permission extending into 2026. The judge found that the repeated statement created a serious erroneous impression about a fundamental part of her case.
The court also criticised the treatment of her 13 years in Ireland. Nine of those years had been under lawful, though temporary, permissions. Evidence showed extensive training, employment, church involvement, friendships and strong references for her work caring for elderly people.
The judge found that this length of residence and degree of integration required careful analysis. He also said the decision did not sufficiently address the contribution of her work and upskilling to the common good, particularly in home care.
An order of certiorari, meaning the refusal decision is quashed, was therefore required. The ruling does not itself grant LM permission to remain. Final orders and costs were left for a later hearing.