Court of Appeal dismisses appeal against the decision of the High Court refusing application for leave to seek judicial review of the decision of the Circuit Court refusing to make declarations that a marriage subsisted and that a declaration of divorce was not entitled to recognition in the State, on the grounds that: the applicant failed to establish an arguable case; the applicant was relying on the same alleged frailties in the divorce decree, and the procedures leading to it as had been advanced and rejected in previous proceedings; no further appeal lies from Circuit Court order, and it is no longer amenable to judicial review; and there is no substance to any of the arguments made as to the alleged invalidity of the divorce decree.
Judicial review – application for leave to seek judicial review of the decision of the Circuit Court refusing to make declarations that the marriage subsisted and that declaration of divorce was not entitled to recognition in the State refused by the High Court - Judge wrongly struck out both that motion and the substantive proceedings without giving him an opportunity to open his case to the Court – refused leave – application lacked basic fact - Judge made it clear that the Applicant could renew his application on the basis of fuller evidence addressing the issues identified by him – appeal - exhibits a number of additional and material documents, including pleadings in family law proceedings involving the parties, as well as the pleadings in earlier judicial review proceedings to which it will be necessary to make further reference – transcripts - threshold test applicable to applications for leave to apply for judicial review - High Court Judge was understandably critical of the paucity of the evidence put before him and in particular the absence of any adequate explanation as to what happened to the Applicant’s appeal against the Circuit Court Order for Divorce - Applicant’s real objective is to overturn the Divorce Decree made more than 16 years ago - wrongly considered the grounds before the Circuit Court and applied too high a threshold for granting leave - relying on the same alleged frailties in the Divorce Decree and the procedures leading to it as had been advanced in previous proceedings - doomed to fail - Circuit Court Judge was quite correct to refuse to enter judgment and was also correct to strike out the proceedings - no further appeal lies from Circuit Court order and it is no longer amenable to judicial review - importance to certainty and finality in this area – no substance in any of the arguments made as to the alleged invalidity of the Divorce Decree – appeal dismissed