Cross J

Refusals of family reunification applications quashed.

A M S v. Minister for Justice [2012] IEHC 72
(High Court, Cross J, 14 February 2012)

High Court grants certiorari of decisions to refuse family reunification applications in respect of two applicants, and remits each application for further consideration.

Judicial review – family reunification – two cases on similar issues – refusal of reunification with mother and siblings of applicant from Somalia – refusal of reunification with father of applicant from Afghanistan – Section 18(I) of the More

Injunction restraining deportation.

A D S v. Minister for Justice [2012] IEHC 73
(High Court, Cross J,14 February 2012)

High Court grants injunction restraining deportation pending the outcome of an application for revocation of the deportation order.

Judicial review – deportation order – application for revocation – s 3(11), Immigration Act 1999 – fear of persecution in Ghana – requirement to consider issues of refoulement – whether material to be considered truly different from those More

Leave to seek judicial review of refusal of subsidiary protection.

O J v. Minister for Justice [2012] IEHC 71
(High Court, Cross J, 3 February 2012)

High Court refuses application to adjourn hearing pending decision in European Court of Justice, but grants leave to seek judicial review of refusal of subsidiary protection on grounds of proportionality.

Judicial review – refusal of subsidiary protection – deportation order – EU Directive 2004/83/EC of 24th April, 2004, (the Qualification Directive) – Article 4.1 of Qualifications Directive – decision on point pending before European Court of More

Minister entitled to refuse consent to further application for refugee status.

A A v. Minister for Justice [2012] IEHC 63
(High Court, Cross J, 31 January 2012)

High Court refuses judicial review of refusal by Minister to consent to a further application for refugee status.

Judicial review – refusal of consent to make further application for refugee status – s.17(7), Refugee Act 1996 – fear of persecution on grounds of homosexuality and refusal to become “head priest” in home village – HIV status – whether Minister More

Refusal of leave to seek judicial review of refusal of refugee status.

B M J L v. Minister for Justice [2012] IEHC 74
(High Court, Cross J, 14 February 2012)

High Court refuses leave to seek judicial review of refusal of refugee status and refusal of subsidiary protection.

Judicial review – application for leave – refusal of refuge status – refusal of subsidiary protection – deportation orders – application for injunction restraining deportation – fear of persecution arising from political activity – Democratic Republic of Congo – s More

Refusal of application to set aside leave to seek judicial review.

Carbery Fishing Ltd v. Vallelly [2011] IEHC 527
(High Court, Cross J, 19 December 2011)

High Court refuses to set aside leave to seek judicial review in relation to decisions of purported fisheries appeals officer.

Judicial review – two related cases – applications to set aside leave to seek judicial review – s. 19 of the Fisheries (Amendment) Act 2003 – leave granted to challenge decisions of appeals officers – alternative statutory procedure for challenging More

Former employee awarded damages for back injury, and bullying and harrassment.

Kelly v. Bon Secours Health Systems Ltd [2012] IEHC 21
(High Court, Cross J, 26 January 2012)

High Court awards former employee €30,000 damages for injury to back and €60,000 compensation for stress and depression arising from bullying, harrassment and discrimination. (Full text.)

Personal injuries – employment – injuries to back sustained when carrying files – alleged harassment and bullying – lay litigant – failure to train in handling of weights – negligence – duty of care not to permit bullying – belief of plaintiff More

Court refuses to dismiss delayed claim against architects.

McGann v. Connellan [2011] IEHC 462
(High Court, Cross J, 12 December 2011)

High Court refuses application to dismiss claim against architects on grounds of alleged conversation between solicitors. (Full text.)

Application to dismiss claim – inordinate and inexcusable delay – claim against architects for breach of contract, negligence and misrepresentation – delay of four years and seven months – death of expert witness for defence – whether delay More

Unclear reasons for refusal of refugee status not sufficient to grant leave to seek judicial review.

B A v. Minister for Justice [2011] IEHC 437
(High Court, Cross J, 23 November 2011)

High Court refuses application for leave to seek judicial review of refusal of refugee status, where reasons for refusal not made entirely clear. (Full text.)

Judicial review – application for leave – refusal of refugee status – lack of clarity in reasons – credibility of applicant – alleged persecution of applicant by husband’s family in Nigeria – conclusion that no well-founded fear of persecution – More

Financial Services Ombudsman directed to hold oral hearing.

Hyde v. Financial Services Ombudsman [2011] IEHC 422
(High Court, Cross J, 16 November 2011)

High Court allows appeal from decision of Financial Services Ombudsman, on grounds that an oral hearing should have been held to determine the complaint of a borrower, and remits matter for further consideration. (Full text.)

Financial Services Ombudsman – appeal – whether serious or significant error or series of errors – loan facility for purchase of property – failure to make payments – refusal of additional loan facility – whether bank responsible for More

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