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Thursday, 13th November, 2025

Certificate for leave to appeal refused in challenge to deportation and refoulement decisions

By: Decisis
The High Court refused an applicant's request for a certificate for leave to appeal following an earlier decision denying permission to pursue judicial review of a deportation order and a refoulement decision. The court found that neither of the proposed legal questions raised points of law of exceptional public importance, nor was there any lack of clarity or uncertainty in the law that would warrant an appeal. The judge highlighted that the legal issues had been settled by previous case law, and the applicant's arguments did not reveal novel or systemic uncertainty. As a result, the application for a certificate was dismissed and no further appeal may proceed on these grounds.

Order dividing assets on divorce set aside due to failure to make proper provision for dependent spouse

By: Decisis
The High Court set aside the Circuit Court's division of assets and maintenance orders arising from divorce proceedings between a long-married couple, finding that the lower court's orders did not constitute proper provision for the financially dependent spouse. The court determined that both parties were entitled to a fair share of the matrimonial assets—namely, the family home and a business—and that the wife should retain the family home (subject to payment or sale) and her full pension, while the husband would retain his interest in the business and receive a lump sum or a share of the sale proceeds, alongside an order for spousal maintenance. The court held that the assessment of asset values must realistically reflect the evidence and the dependent spouse's ongoing needs, and emphasised the importance of avoiding discrimination based on traditional marital roles.

Surrender under European Arrest Warrant refused due to inadequate vindication of defence rights in absentia conviction

By: Decisis
The High Court refused a request for the surrender of a respondent to Romania under a European Arrest Warrant, where the respondent had been convicted and sentenced in absentia for a theft-related offence. The court found that the respondent's defence rights were not properly vindicated during the original trial, as there was insufficient evidence that he had been properly notified of the proceedings, of any right of appeal, or that he had waived his right to be present. Furthermore, compliance with probation conditions following the conviction did not remedy the earlier infringement of defence rights. As a result, the application for surrender was refused.

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