R v International Protection Appeals Tribunal & Anor (Approved)

      The grounds upon which the applicant was granted leave to apply for judicial review on 11 th December 2023 included the following variations on this central challenge:

      The applicant, having illegally entered the State on 15 th May 2022, made a claim on 17 th May 2022 for international protection on the basis that if he was returned to Egypt, he would face persecution and a real risk of suffering serious harm because he had been sentenced to imprisonment for assault.

      An International Protection Officer recommended in a report dated 14 th October 2022, made under section 39 of the IPA 2015, that the applicant should be refused a refugee declaration and a subsidiary protection declaration because he had given insufficient information to support his claim and that decision was based on a belief that the applicant had not returned his completed application for international protection questionnaire.

      By notice of appeal dated 9 th February 2023, the applicant appealed the recommendation of the International Protection Officer to the IPAT on the ground that he was entitled to international protection. The appeal was heard by way of a remote oral hearing on 21 st April 2023.

      After the hearing of the appeal, the International Protection Office delivered the applicant�s completed questionnaire to the IPAT, who afforded time for the applicant to make written submissions which the IPAT received on 11 th May 2023.