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Court of Appeal, in proceedings where the High Court had declared the International Protection Act 2015 (Safe Third Country) Order 2020 invalid under EU law, refuses an application to admit new evidence from Dáil debates, as it was not admissible for the purposes advanced by the respondents. The evidence sought to be introduced were pronouncements by the Minister for Justice that ‘emergency legislation’ will be brought forward to address the deficit in the law in direct response to the judgment of the High Court. However, the Court of Appeal reasoned that the will of Parliament is expressed through the legislation passed by the two Houses of the Oireachtas. Unless and until the Bill was enacted, no such intent at all could be attributed to Parliament and the Bill would have no legal effect.
International Protection Act 2015, Safe Third Country Order 2020, Court of Appeal, High Court, Return Order, International Protection Appeals Tribunal (IPAT), EU law, Geneva Convention, Article 15(c) serious harm, Recast Qualification Directive, Interpretation Act 2005, Oireachtas, legislative amendments, mootness, admissibility of evidence, Rules of the Superior Courts (RSC), Dáil debates, exclusionary rule.
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.
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