Legislator Rechtsprechung & Gesetzgebung
IEHC 560 ECLI:IE:HC:2019:560 KI-generiert

High Court dismisses applicant's review application regarding deportation order reasons and leave to appeal. Applicant failed to make prior submissions on country of origin information.

Geschäftsnummer IEHC 560
Gericht / Behörde
Rechtsordnung Irland (IE)
Entscheiddatum
Ausgang Abgewiesen (Dismissed)

Legislator-Zusammenfassung

KI-generiert

The High Court dismissed the applicant's application for leave to appeal a previous refusal of a judicial review concerning a deportation order. The applicant argued the Minister failed to disclose country of origin information considered under the International Protection Act 2015, but the court found this information was already ascertainable from the file. Furthermore, the applicant made no prior submissions on this issue, and the law on required reasons was already well-established by Supreme Court precedent, leaving no uncertainty for appellate clarification.

Legislator-Regeste

KI-generiert

s. 51(3) of the International Protection Act 2015; s. 50 of the International Protection Act 2015: The obligation on a decision-maker is to enable material considered to be ascertainable rather than to narratively list it, and where an applicant fails to make relevant prior submissions, the decision is one of form requiring no express rationale.

Schlagwörter

KI-generiert
deportation order reasons ascertainable material prior submissions requirement International Protection Act 2015 leave to appeal criteria judicial review dismissal country of origin information Ausreise

Zitierte Gesetzesbestimmungen

KI-generiert

Zitierte Rechtsprechung

KI-generiert
Glancré Teoranta v. An Bord Pleanála [2006] IEHC 250
High Court refuses leave to appeal on waste recovery facility appeal regarding proximity principle and ministerial direction.
Arklow Holidays v. An Bord Pleanála [2008] IEHC 2
High Court grants appeal certificate despite Henderson rule preclusion due to exceptional public importance of the legal issue.
I.R. v. Minister for Justice and Equality [2009] IEHC 510
High Court refuses certificate of leave to appeal on judicial review quashing refugee tribunal decision for failing to consider documentary evidence.
S.A. v. Minister for Justice and Equality (No. 2) [2016] IEHC 646
Leave to appeal refused as proposed question of law is not determinative and repeats settled law.
Y.Y. v. Minister for Justice and Equality (No. 2) [2017] IEHC 185
High Court refuses leave to appeal deportation order due to lack of exceptional public importance and public interest.
I.S.O.F. (A Minor) and Others v. Minister for Justice, Equality and Law Reform [2010] IEHC 457
High Court refuses certificate of leave to appeal on deportation order proportionality grounds.
Mubango v. Minister for Justice and Equality [2018] IEHC 653
High Court grants summary judgment for rent arrears but stays termination claims pending Landlord and Tenant Civil Bill.
Lingurar v. Minister for Justice and Equality [2018] IEHC 96
High Court dismisses judicial review of removal order where applicant's prior conviction remains valid despite constitutional challenge.
Voivod v. Minister for Justice and Equality [2018] IEHC 647
High Court dismisses judicial review of removal order citing public policy and procedural fairness. Voivod's assault conviction justified exclusion despite procedural delays.
Baby O. v. Minister for Justice and Equality [2002] IESC 44
Appeal dismissed; Minister not obliged to give detailed reasons or consider new circumstances for deportation.
Meadows v. Minister for Justice and Equality [2010] IESC 3
Supreme Court allows appeal on refoulement grounds but dismisses humanitarian claim due to Minister's broad discretion.
KI-generiert

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Volltext

[2019] IEHC 560

THE HIGH COURT

JUDICIAL REVIEW

[2018 No. 839 J.R.]

BETWEEN

M.N. (MALAWI)

APPLICANT

AND

THE MINISTER FOR JUSTICE AND EQUALITY

RESPONDENT

(No. 2)

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 22nd day of July, 2019

1. In M.N. (Malawi) v. Minister for Justice and Equality (No. 1) [2019] IEHC 489 (Unreported, High Court, 21st June, 2019) I refused

an application for certiorari of what purported to be a review decision under s. 49(7) of the International Protection Act 2015 of 14th

August, 2018 and a consequent deportation order dated 7th September, 2018. The applicant now seeks leave to appeal and I have

received helpful submissions from Mr. Eamonn Dornan B.L. for the applicant and from Mr. Daniel Donnelly B.L. for the respondent.

2. I have considered the caselaw on leave to appeal, including Glancré Teoranta v. An Bord Pleanála [2006] IEHC 250 (Unreported,

MacMenamin J., 13th November, 2006), Arklow Holidays v. An Bord Pleanála [2008] IEHC 2, per Clarke J. (as he then was), and I.R. v.

Minister for Justice and Equality [2009] IEHC 510 [2015] 4 I.R. 144, per Cooke J. I have also discussed these criteria in a number of

cases, including S.A. v. Minister for Justice and Equality (No. 2) [2016] IEHC 646 [2016] 11 JIC 1404 (Unreported, High Court, 14th

November, 2016) (para. 2), and Y.Y. v. Minister for Justice and Equality (No. 2) [2017] IEHC 185 [2017] 3 JIC 2405 (Unreported, High

Court, 24th March, 2017) (para. 72).

Applicant’s proposed question

3. The applicant’s proposed question of exceptional public importance is set out at para. 20(a) of written submissions as follows: “In

his duty under s. 51(3) of the International Protection Act 2015 … to notify an applicant of the reasons for making a deportation

order, must the Minister disclose the matters considered in forming his opinion under s. 50 of the Act, including country of origin

information”.

4. The first problem with that question is that the information was disclosed in the sense that it was readily ascertainable from the

file, as I held in the No. 1 judgment. The obligation on the decision-maker is to enable the material considered to be ascertainable

rather than to narratively list it. The suggestion that the latter is required is a proposition for which there is no authority.

5. A second problem is that independently of that point, the applicant made no submissions whatsoever prior to the decision. In the

absence of such submissions or indeed of any attempt to seek particulars of the information considered, the applicant cannot

reasonably expect to succeed under this heading: see for example I.S.O.F. (A Minor) and Others v. Minister for Justice, Equality and

Law Reform [2010] IEHC 457 (Unreported, High Court, Cooke J., 17th December, 2010), Mubango v. Minister for Justice and Equality

[2018] IEHC 653 [2016] 11 JIC 1411 (Unreported, High Court, 14th November, 2016), para. 18, Lingurar v. Minister for Justice and

Equality [2018] IEHC 96 [2018] 2 JIC 0808 (Unreported, High Court, 8th February, 2018) para. 9, Voivod v. Minister for Justice and

Equality [2018] IEHC 647 (Unreported, High Court, 19th November, 2018) para. 7. As eloquently put by Mr. Donnelly in his written

submissions, para. 9, “[t]his obstacle will bar the Applicant’s way in the Court of Appeal just as much as it did in this Honourable

Court. It is therefore highly unlikely that, if an appeal were to proceed, the Court of Appeal would actually determine the issue that

the Applicant has identified”.

6. The final difficulty for the applicant is that this is well-trodden ground and that there is no uncertainty in the law requiring

appellate clarification. The Supreme Court has pronounced on the question of the level of reasons required in such circumstances on a

number of occasions, notably in Baby O. v. Minister for Justice and Equality [2002] IESC 44 [2002] 2 I.R. 169 at 183 per Keane C.J.

and subsequently in Meadows v. Minister for Justice and Equality [2010] IESC 3 [2010] 2 I.R. 701 at 731 per Murray C.J. Even

assuming in favour of the applicant that Meadows adopts a somewhat more high-watermark approach to the need for reasons than

Baby O. in this respect, what is clear is that if an applicant fails to make any relevant submission, the decision in such circumstance is

one of form and the rationale does not need to be expressly set out. If an applicant does make particular submissions, then naturally

the reasons provided must be such as to enable the rationale for the decision to be discernible. Under those circumstances, there is

nothing in the way of uncertainty that requires further clarification. Points already clarified by appellate courts do not require

unending re-clarification.

Order

7. The application is dismissed.