Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
The High Court determined that a refusal by the International Protection Appeals Tribunal to extend the time for an appeal under Regulation 4(4) of the International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 is not subject to the restrictive appeal procedures outlined in section 5 of the Illegal Immigrants (Trafficking) Act 2000. The court found that there was no basis to imply or absorb such a requirement, as the relevant decision was separate and distinct from those explicitly listed in the legislation and not incorporated by implication or context. Therefore, a certificate for leave to appeal to the Court of Appeal is not required in these circumstances. The applicant was awarded costs for this discrete issue.
judicial review – International Protection Appeals Tribunal – refusal to extend time – Regulation 4(4) of the International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017 – section 5 of the Illegal Immigrants (Trafficking) Act 2000 – leave to appeal – certificate for leave – extension of time – international protection application – procedural fairness – interpretation of statutory provisions – costs award – literal versus purposive statutory interpretation – judicial certificate – High Court
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now