Mr Justice Barr delivered this judgement in the High Court on 5 February 2025 regarding a judicial review taken by MM (the “Applicant”) against the International Protection Office and the Attorney General (the “Respondents”).
The application challenged the decision of the International Protection Office (IPO), which refused the Applicant, a Somali national, refugee status or international protection, and the subsequent decision by the Minister for Justice to refuse the Applicant leave to remain in Ireland. The validity of the second decision depended on whether the first decision was upheld. The Respondents raised a preliminary objection, arguing that the Applicant should not be permitted to challenge the IPO's decision through judicial review proceedings when he could appeal to the International Protection Appeals Tribunal.
The Applicant stated that while attending school, a teacher approached him and his brother to join Al Shabaab, a terrorist organisation. Consequently, their father withdrew them from school. Days later, their father was killed, and the Applicant and his brother were detained in a camp run by Al Shabab. During an escape attempt, his brother was executed. Following his release from detention by the Somali Army, the Applicant's uncle arranged for him to leave Somalia. Before arriving in Ireland, he travelled through Ethiopia, Sudan, Libya, and Sweden.
The Applicant argued that the IPO overlooked important aspects of his claim. As a member of the Gabooye clan, he expressed that he would face racial discrimination, persecution, and possibly serious harm if returned to Somalia. He further noted that the IPO did not consider the latest country of origin information, specifically a UNHCR report.
The 2022 UNHCR Report states that members of the Gabooye clan face societal discrimination. It also notes that members may require international refugee protection. However, it was submitted that the reference to discrimination provided by the Applicant was vague and did not showcase that he would suffer harm or persecution due to his membership. The Respondents further submitted that the Applicant's only ground for seeking refugee status or international protection was based on his fear of Al Shabaab.
The Court observed that while the report might have supported the Applicant's claim if he had expressed that he was likely to suffer persecution or harm due to his membership, however he did not make this case in his application. The Court found that the IPO did not specifically consider risks associated with the Applicant returning due to his clan membership; however, this was due to the fact that the Applicant failed to clearly make this case.
The Court agreed with the Respondents' objections, noting that applicants must exhaust statutory appeals before pursuing judicial review. Justice Barr stated that the Applicant is not entitled to the relief sought and that at his statutory appeal he can raise matters to support his claim and can provide any additional information. The judgement highlights the need for applicants to clearly present any relevant grounds in their initial application.
To read the full judgment, please click here.