By Mark Tottenham BL in Clark J (Maureen) 1 Comment Tags: Asylum and immigration, Constitutional law, Human rights, Judicial review
B S v. Minister for Justice [2011] IEHC 417
(High Court, Clark J, 13 October 2011)
High Court grants certiorari of Minister’s decision not to revoke deportation order. (Full text.)
Judicial review – refusal to revoke deportation order – previous failed asylum application – father of Irish citizen child – application for revocation of deportation order following marriage and birth of child – constitutional right of More
By Mark Tottenham BL in Clark J (Maureen) No Comments Tags: Asylum and immigration, Family law, Private international law
D M v. C F [2011] IEHC 415
(High Court, Clark J, 27 May 2011)
High Court holds, on appeal, that a customary marriage conducted in Zimbabwe was valid and subsisting at Irish law, notwithstanding that the original Circuit Court application was misconceived. (Full text.)
Family law – appeal by Attorney General from Circuit Court (Judge Nolan) – s. 29(1)(a) of the Family Law Act 1995 – whether marriage conducted in Zimbabwe was valid and subsisting – customary marriage – claim for refugee More
By Mark Tottenham BL in Clark J (Maureen) No Comments Tags: Asylum and immigration, Judicial review
E O v. Refugee Appeals Tribunal [2009] IEHC 446 (8 October 2011)
High Court (Clark J) refuses leave to seek judicial review of refusal of refugee status. (Full text.)
Judicial review – application for leave – refusal of refugee status – negative findings of credibility – Protection Regulations – failure to reconvene to allow submissions – motivation for criminal acts in country of origin – failure to give proper hearing to applicant – Council Directive 2004/83/EC – definition of “political opinion”.
G.K. v. The Minister for Justice, Equality and Law Reform [2002] 2 I.R. 418
Banzuzi v. The Refugee Appeals Tribunal [2007] I.E.H.C. 2
A.W.S. v. The Refugee Appeals Tribunal [2007] I.E.H.C. 276
Z v. The Minister for Justice, Equality and Law Reform [2002] I.E.S.C. 14
M.E. (Ekuhorohan) v. Refugee Appeals Tribunal & Ors (Unreported, High Court, Birmingham J., 27th June, 2008)
Muanza v. Minister for Justice, Equality and Law Reform(Unreported, High Court, Birmingham J., 8th February, 2008)
N.H. and T.D. (Hila and Djolo) v. The Minister for Justice, Equality and Law Reform [2007] I.E.H.C. 277
V.Z. v The Minister for Justice, Equality and Law Reform [2002] 2 I.R. 135
By Mark Tottenham BL in Clark J (Maureen) No Comments Tags: Assessment of damages, Personal injuries
AB v. BC [2011] IEHC 88 (Clark J, 31 January 2011)
High Court makes award of €775,478 in respect of severe personal injuries suffered in workplace, including compensation for fear of developing vCJD arising from infected blood. (Full text.)
Personal injuries – prohibition on publication or broadcasting – section 27, Civil Law (Misc Provisions) At 2008 – person exposed to blood product containing vCJD – assessment of damages – burns suffered at work covering 50% of body – blood transfusions – fear of developing vCJD – how to compensate plaintiff for unquantified possibility that he might develop fatal disease – whether interim payment appropriate.
Rothwell v. Chemical & Insulating Co Ltd. [2008] A.C. 281
By Mark Tottenham BL in Clark J (Maureen) No Comments Tags: Costs, Immigration law, Judicial review
Matta -v- MJELR [2010] IEHC 488 (Clark J, 21 July 2010)
High Court makes no order as to costs in judicial review, on the grounds that it was not reasonable to seek order of mandamus of decision on application for long-term residency. (Full text.)
Judicial review – application for mandamus – applications for long-term residency and certificate for naturalisation – long-term residency granted – claim for naturalisation withdrawn – issue of costs – rules of constitutional justice – delay in making decision – whether prejudice suffered by applicant – whether arbitrary or capricious behaviour in consideration of applications – whether application urgent because of illness of applicant’s wife or his redundancy.
Mobin and Gafoor v. The Minister for Justice, Equality and Law Reform (Unreported, High Court, Edwards J., 17th July, 2007)
Afzal Nawaz v. The Minister for Justice, Equality and Law Reform (ex tempore, Unreported, High Court, Clark J., 26th June, 2009)
Garibov v. The Minister for Justice, Equality and Law Reform [2006] I.E.H.C. 371
Afzaal Nawaz v. The Minister for Justice, Equality and Law Reform [2009] I.E.H.C. 354
Russell Nearing v. The Minister for Justice, Equality and Law Reform (Unreported, High Court, Cooke J., 30th October, 2009)
By Mark Tottenham BL in Clark J (Maureen) No Comments Tags: Asylum and immigration, Judicial review
RC and GGM v. Refugee Applications Commissioner [2010] IEHC 490 (Clark J, 15 July 2010)
High Court refuses judicial review of decision of Refugee Applications Commissioner recommending refusal of refugee status on grounds of lack of credibility. (Full text.)
Judicial review – decision of Refugee Applications Commissioner – recommendation that applicants not be granted refugee status – husband and wife – 13(6) Refugee Act 1996 – documentary appeal only – no oral hearing – prejudice – flight from alleged persecution in Zimbabwe – information from UK showing applicants were legally in UK during period of alleged persecution – admission of false information – whether breach of fair procedures – whether paper-based appeal inadequate – duties of applicants – obligations to present account in truthful manner – discretion of court.
V.Z. v. The Refugee Appeals Tribunal [2002] 2 I.R. 135
By Mark Tottenham BL in Clark J (Maureen) No Comments Tags: Asylum and immigration
O. A. & Ors -v- MJELR [2011] IEHC 78 (Clark J, 28 January 2011)
High Court grants order of certiorari of deportation order of father of Irish citizen children, on the grounds that it was not possible to be confident that the constitutional rights of the children were appropriately addressed in the memorandum forwarded to the Minister, or in the reasoning of the decision. Court rejects submission that previous cases were wrongly decided in view of Supreme Court decision in Meadows. (Full text.)
Judicial review – deportation order of father of Irish citizen children – whether earlier relevant cases wrongly decided in light of Supreme Court decision in Meadows – proportionality – “insurmountable obstacles” – s. 3(4) (a) of the Immigration Act 1999 – interference with family life and marriage – doctrine of reasonableness – whether constitutional rights of children appropriately addressed in memorandum forwarded to Minister or in reasoning of Minister’s decision.
Alli (a minor) v. Minister for Justice [2009] I.E.H.C. 595
Asibor (a minor) v. Minister for Justice & Ors. [2009] I.E.H.C. 594
Meadows v. The Minister for Justice [2010] I.E.S.C. 3
Oguekwe v. The Minister for Justice [2008] 3 I.R. 795
A.O. and D.L. v. The Minister for Justice [2003] 1 I.R. 1
Fajujonu v. The Minister for Justice [1990] 2 I.R
Ryan v. Attorney General [1965] I.R. 294
Pok Sun Shum v. Ireland [1986] I.L.R.M. 593
Osheku v. Ireland [1986] I.R. 733
Igiba (a minor) & Ors v. The Minister for Justice [2009] I.E.H.C. 593
O & Ors v. The Minister for Justice [2009] I.E.H.C. 448
Dimbo v. Minister for Justice [2008] I.E.S.C. 26
Osunde v. Minister for Justice [2009] I.E.H.C. 448
The State (Keegan) v. Stardust Victims Compensation Tribunal [1986] I.R. 642
Associated Provincial Picture Houses Limited v. Wednesbury Corporation [1948] 1 K.B. 223
O’Keeffe v. An Bord Pleanála [1993] 1 I.R. 39
Bode v. Minister for Justice [2008] 3 I.R. 663
By Mark Tottenham BL in Clark J (Maureen) No Comments Tags: Asylum and immigration, Judicial review
A. -v- Refugee Appeals Tribunal [2010] IEHC 487 (Clark J, 20 July 2010)
High Court refuses to extend time to apply for leave to seek judicial review of a refusal of refugee status. (Full text.)
Judicial review – application for leave – refusal of refugee status – application for extension of time – former soldier in Soviet army in Afghanistan – political difficulties in Georgia – Ajara - absence of evidence of said difficulties – s. 5(2) (a) of the Illegal Immigrants (Trafficking) Act 2000 – presumption of state protection – absence of identity documents – s. 11A(3) of the Refugee Act 1996.
Kvaratskehlia (D.K.) v. The Refugee Appeals Tribunal [2006] 3 I.R. 368
By Mark Tottenham BL in Clark J (Maureen) No Comments
Judicial review – failure by Minister to revoke deportation order – marriage after deportation order – revocation application – constitutional rights of wife and child of application who were both Irish citizens – proportionality. Application refused.
By Mark Tottenham BL in Clark J (Maureen) No Comments
Judicial review – Refugee Appeals Tribunal – failure to take into account relevant considerations – irrational findings – errors of law – manner of dealing with medical evidence. Order of certiorari granted, and matter remitted to Tribunal for proper consideration of medical reports.