Indefinite deportation from the state might interfere with constitutional right of family life.

May 18, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Constitutional law, Family law, Human rights, Judicial review

Sivsivadze v. Minister for Justice [2012] IEHC 137
(High Court, Hogan J, 26 April 2012)

High Court grants leave to seek judicial review of refusal to revoke deportation order, on grounds that a potentially life-long exclusion of a husband and father from the state raised issues as to the right to family life.

Judicial review – application for leave – refusal to revoke deportation order – whether s 3 of Immigration Act 1999 was unconstitutional – imposition of lifelong ban on deportee – Article 41, right to family life – Article 8, ECHR – history of applying for More

Failure to serve proposal to deport.

May 11, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

M M (Georgia) v. Minister for Justice [2011] IEHC 529
(High Court, Hogan J, 19 September 2011)

High Court grants leave to seek judicial review of deportation order on grounds that proposal to deport not properly served on applicant.

Judicial review – application for leave – deportation order – whether applicant properly served with proposal to deport – s. 3(3), Immigration Act 1999 – applicant serving custodial sentence at time of notice – letter not delivered personally to More

Fear of persecution on grounds of homosexuality.

May 10, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

S A v. Minister for Justice [2012] IEHC 78
(High Court, Hogan J, 24 January 2012)

High Court grants leave to seek judicial review of refusal of refugee status, where tribunal failed adequately to consider likely persecution on grounds of homosexuality.

Judicial review – application for leave – refusal of refugee status – fear of persecution on grounds of homosexuality – Islamic fundamentalist groups attacking wedding musicians in Algeria – prior deportation to Algeria from Spain – travel to Ireland via More

Deportation restrained pending further application.

May 7, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Injunction, Judicial review

A O v. Minister for Justice (No 3) [2012] IEHC 104
(High Court, Hogan J, 3 April 2012)

High Court: a) adjourns challenge to subsidiary protection decision pending outcome of ECJ hearing; b) grants leave to amend pleadings to assert rights of Irish citizen child; and c) grants injunction restraining deportation pending application to revoke deportation order.

Judicial review – application for leave – application for injunction restraining deportation during minority of infant child – admission to state on stolen passport – refusal of asylum – stay on deportation pending outcome of guardianship More

Stay on deportation pending outcome of guardianship application.

May 7, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Guardianship of children, Judicial review

A O v. Minister for Justice (No 2) [2012] IEHC 79
(High Court, Hogan J, 17 January 2012)

High Court grants stay on deportation of applicant, pending outcome of guardianship application in District Court.

Judicial review – application for stay on deportation order – admission to Ireland on stolen passport – fear of persecution on religious grounds – refusal of asylum by Refugee Appeals Tribunal – deportation – Irish citizen children – one child living in More

Loan of €300k to defendant was not varied by subsequent events.

May 2, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Company law, Contract law

Stapleton v. Doran [2011] IEHC 528
(High Court, Hogan J, 20 February 2011)

High Court grants declaration that a payment of €300,000 made by the plaintiff to the defendant was a personal loan and fell to be repaid.

Contract law – payment of money from plaintiff to defendant – whether money was loan to defendant or loan to company or consideration for purchase of shares in company – lack of documentary evidence – intention of the parties – fundamental More

Action against solicitor struck out, and Isaac Wunder order granted.

Apr 28, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Adverse possession, Practice and procedure, Probate law, Solicitors

Gunning v. Sherry [2012] IEHC 88
(High Court, Hogan J, 28 February 2012)

High Court strikes out action against solicitor as an abuse of process and grants “Isaac Wunder order” against plaintiff, restraining her from commencing any further action in respect of same subject matter.

Proceedings against solicitor – application to strike out proceedings as abuse of process – res judicata – Isaac Wunder order – earlier proceedings concerning estate of plaintiff’s father in Circuit Court and High Court – ejectment proceedings – removal of plaintiff as executrix of More

Court sets aside ex parte injunction restraining deportation for material non-disclosure.

Apr 19, 2012 By Alan Woods BL in Hogan J No Comments Tags: Asylum and immigration, Injunction

A O v. Minister for Justice [2012] IEHC 1

(High Court, Hogan J, 6 January, 2012)

High Court sets aside ex parte injunction restraining deportation of applicant, for failing to disclose previous unsuccessful application for injunctive relief.

Deportation – application to set aside interim injunction – ex parte injunction restraining deportation – applicant fled Nigeria after alleged murder of his fianceé – religious belief – impact of Zambrano decision – Irish citizen children – previous failed application for interm relief on More

Tribunal failed to provide reasons for refusing asylum on credibility grounds.

Apr 16, 2012 By Alan Woods BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

F O O. v Refugee Appeals Tribunal
[2012] IEHC 46
(High Court , Hogan J. 2nd February, 2012)

High Court grants leave to seek judicial review of tribunal’s refusal of asylum status, where Tribunal Member failed to provide adequate reasons.

Leave application – Nigerian national – Christian pastor in alleged fear of persecution from militant Islamic group – Negative Refugee Appeals Tribunal recommendation – Credibility issues – demeanour observations– documentary More

No certificate of appeal to Supreme Court in judicial review of deportation order.

Apr 5, 2012 By Alan Woods BL in Hogan J No Comments Tags: Asylum and immigration, Judicial review

P M v. Minister for Justice (No. 2) [2012] IEHC 34

(High Court, Hogan J, 31st January, 2012)

High Court: a) refuses certificate to appeal to Supreme Court from refusal of judicial review of deportation order, on the grounds that the law on the issue was already clear; and b) adjourns issue regarding lack of constitutional guarantee, pending determination of similar cases in European Court of Justice.

Application for certificate of appeal – refusal of leave for judicial review – deportation order – denial of effective remedy – application for leave based on Refugee Appeals Tribunal lacking basic institutional guarantees of independence More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

Hogan J