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 |
High Court, by way of judicial review, grants declaration that the Minister for Justice had unlawfully fettered her discretion in the granting of immigration visas for English language students by requiring that the relevant language school have accreditation, when the accreditation system in question was of a voluntary, ad hoc nature.
Judicial review - providers of educational services - regulation of language schools - teaching English as a foreign language - Accreditation and Co-ordination of English Language Services (“ACELS”) - Qualification and Quality Assurance (Education and Training) Act, 2012 - internationalisation register - guidelines for colleges offering courses - Irish accreditation for language schools - decision of Minister to impose "fixed preconditions" on grant of a visa to a non-EU/EEA student wishing to pursue English language course - whether Qualifications and Quality Assurance Authority of Ireland (QQI) had statutory power to operate ACELS accreditation system - whether Minister had fettered her own discretion to grant entry visa - whether decision was justiciable - control of immigration - s 4, Immigration Act 2004 - whether ACELS system was voluntary ad hoc system - lack of statutory basis - powers of QQI - discretion to grant judicial review - waiver, estoppel or acquiescence - locus standi - whether applicant could apply for judicial review of refusal of visa, not being the person who had been refused the visa.
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