Abdul Said Application for Judicial Review
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Neutral Citation | [2023] NIKB 1 |
| Date | 09 January 2023 |
1
Neutral Citation No: [2023] NIKB 1
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM12027
Delivered: 09/01/2023
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY ABDUL SAID
FOR JUDICIAL REVIEW
___________
Darcy Rollins (instructed by Phoenix Law) for the Applicant
Aidan Sands (instructed by the Crown Solicitor’s Office) for the Respondent
___________
HUMPHREYS J
Introduction
[1] The applicant is a 29 year old man, originally from Somalia, who has been
seeking asylum within the United Kingdom since January 2013.
[2] By this application for judicial review, he challenges the decision of the
Secretary of State for the Home Department (‘SSHD’) to refuse to provide him with
an Application Registration Card (‘ARC’). More generally, the applicant also seeks
to impugn the policy under which this decision was made.
Background
[3] The applicant was initially refused asylum in the UK on third country
grounds, namely that he had previously sought asylum in Italy. He was deported to
Italy in August 2013 but returned to the UK and made a fresh asylum application in
January 2014. This application was refused in September 2015 and an appeal to the
First Tier Tribunal was dismissed in November 2016. Permission to appeal to the
Upper Tribunal was refused in January 2017 and the applicant became appeal rights
exhausted.
[4] Since this time, the applicant has sought, on numerous occasions, to lodge
further submissions pursuant to paragraph 353 of the Immigration Rules. On each
occasion this has resulted in a further refusal, at least to the point where the 10th set
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