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Pakistani national with subsidiary protection was entitled to enlist in Defence Forces
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Court of Appeal allows appeal from High Court, and quashes a decision of the Minister for Defence refusing a Pakistani national with subsidiary protection from enlisting in the Defence Forces, on the grounds that: (a) neither the legislation nor the recruitment regulations specifically excluded such a person from enlisting; (b) although the subsidiary protection was not expressly for a term of over 12 years, this did not preclude the applicant enlisting; (c) the Chief of Staff of the Defence Forces was subject to the supervision of the Minister in all matters, including enlistment; and (d) the Minister had the power to amend the recruitment regulations if he had concerns about the suitability of candidates.
Donnelly J (nem diss): Judicial review - refusal to enlist person in Defence Forces of State - holder of declaration of subsidiary protection - whether entitled to enlist - Pakistani national - application to join General Service of Defence Forces - criteria for non-national to join Defence Forces - correspondence with Defence Forces - whether previous admission to naval service had been in error - whether Minister had power to review decision to refuse enlistment - Ministers and Secretaries Act, 1924 - establishment of Defence Forces - powers of Chief of Staff - positions of Deputy Chief of Staff (Operations) and Deputy Chief of Staff (Support) - recruiting regulation - whether Minister had control or power over decisions concerning enlistment - responsibility over performance of the Chief of Staff - whether decision amenable to judicial review - whether applicant precluded from enlistment under legislation or the recruiting regulations - s. 53(1) Defence Act, 1954 - Defence Force Regulations A10 - International Protection Act, 2015 - power of Minister to make regulations.
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