Smyth J

M A v. Minister for Justice – HC – Certificate of appeal to Supreme Court, judicial review, asylum

By Mark Tottenham BL in Smyth J No Comments Tags: ,

M A v. Minister for Justice [2011] IEHC 323 (27 July 2011)

High Court (Smyth J) refuses an application for certificate of appeal to the Supreme Court in respect of an earlier refusal to grant leave to seek judicial review of a refusal by the Minister to re-admit the applicant to the asylum process, following the deemed withdrawal of an application by non-attendance at hearing. (Full text.)

Judicial review – application for certificate to appeal to Supreme Court – s.5(3)(a) of the Illegal Immigrants Trafficking Act, 2000 – reference to ECJ – whether a point of law of exceptional public importance – Article 267 (formerly Art. 234 EC) of the Treaty on the Functioning of the European Union (TFEU) – whether reference to ECJ required – withdrawal of application for refugee status and refusal to re-admit to asylum process.

Glancré Teoranta v An Bord Pleanála (Unreported, High Court, MacMenamin J. 13 July 2006)
Case C-99/00, Lyckeskog [2002] ECR I-4839
Chiron Corporation v Murex Diagnostics Ltd [1995] All ER (EC) 88
CILFIT v Ministry of Health Case 283/81 [1982] ECR 3415
Re The Illegal Immigrants (Trafficking) Bill 1999 [2000] 2 I.R. 360
Arklow Holidays Limited v An Bord Pleanála (No 2) [2007] 4 I.R. 124
B.N.N. v. The Minister for Justice, Equality and Law Reform (Unreported, High Court, 9th October 2008)
R. v. The Refugee Appeals Tribunal [2009] IEHC 510
S. v. The Refugee Appeals Tribunal (unreported, High Court, Cooke J., 26th March, 2010)
Kenny v. An Bord Pleanala [2001] I.R. 704
Lancefort Limited v. An Bord Pleanala [1998] 2 I.R. 511
The People (Attorney General) v. Giles [1974] I.R. 423
Kelly v. The National University of Ireland and The Director of the Equality Tribunal [2008] IEHC 464
EMS v. Minister for Justice, Equality and Law Reform (unreported, High Court, 21 December 2004)
A v. MJELR [2009] IEHC 436
McNamara v An Bord Pleanala [1998] 3 I.R. 453

OE v. Refugee Appeals Tribunal – Refusal of refugee status, fear of persecution on grounds of sexual orientation

By Mark Tottenham BL in Smyth J No Comments Tags:

OE v. Refugee Appeals Tribunal [2011] IEHC 149 (Smyth J, 30 March 2011)

High Court dismisses application for leave to seek judicial review of refusal of refugee status, where applicant claimed fear of persecution on grounds of his sexual orientation. (Full text.)

Judicial review – application for leave – decision to affirm ORAC’s refusal of refugee status – fear of persecution in Nigeria on grounds of homosexuality – credibility of applicant – whether reasonable of tribunal to consider whether applicant could avoid persecution by living discreetly – internal relocation – function of court in judicial review – extension of time to seek leave.

M.A. v MJELR, (Unreported, High Court, Cooke J., 17 December 2009)
M.A. v MJELR, Unreported, High Court, Ryan J., 12 November 2010
HJ (Iran) & HT (Cameroon) v SSHED [2010] UKSC 31
Muia v RAT & Others, (Unreported, High Court, Clarke J. 11 November 2005)
Da Silveira v RAT [2004] IEHC 436
I.R. v RAT [2009] IEHC 353
O.A. v. The Refugee Appeals Tribunal and Another [2009] I.E.H.C. 296
Imafu v. Minister for Justice, Equality and Law Reform [2005] I.E.H.C. 416
T. v. Refugee Appeals Tribunal [2007] I.E.H.C. 287
Kramarenko v. Refugee Appeals Tribunal [2004] 2 I.L.R.M. 450
C.S. v. The Minister for Justice Equality and Law Reform, Ireland and the Attorney General [2005] 1 I.R. 343
G.K. v. The Minister for Justice [2002] 2 I.R. 418

CK v. MJELR – Deportation order, family rights

By Mark Tottenham BL in Smyth J No Comments Tags:

CK v. MJELR [2011] IEHC 150 (Smyth J, 18 February 2011)

High Court grants leave to apply for judicial review of deportation order. (Full text.)

Judicial review – application for leave – issue of deportation order – parent of deceased Irish citizen – criminal convictions – prevention of crime and disorder – extension of time to make application – lack of candour by applicant – failure to inform state of death of child – impact of order on family life of applicant – balance of impact of deportation on rights, interests and welfare of other family members.

Boultif v Switzerland [2001] 33 EHRR 50
Omojudi v United Kingdom (Appl. No. 1820/08)
F.E. and Ors v MJELR (Unreported, High Court, Hogan J., 11 January 2011)
F.M. v MJELR (Unreported, High Court, 17 December 2010)
Oguekwev MJELR (Unreported, Supreme Court, 1 May 2008)
Omoregie v Norway [2008] ECHR 761
Haghighi v Netherlands (2009) 49 EHRR SE8
Grant v United Kingdom (Application no. 10606/07)
F.A. v. Refugee Appeals Tribunal [2007] IEHC 290, (unreported, High Court, Peart J., 27th July, 2007)
Kelly v Leitrim County Council, Unreported, High Court, 27th January, 2005
J.A. v. Refugee Applications Commissioner [2009] 2 I.R. 231
C.S. v. The Minister for Justice Equality and Law Reform, Ireland and the Attorney General [2005] 1 I.R. 343
G.K. v. The Minister for Justice [2002] 2 I.R. 418
Z v. The Minister for Justice, Equality and Law Reform [2002] 2 ILRM 215
S.O. and Others v. The Minister for Justice, Equality and Law Reform [2010] IEHC 343
Meadows v. The Minister for Justice, Equality and Law Reform Unreported, Supreme Court, 21st January 2010

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