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High Court dismisses an application challenging the refusal of permission under a scheme designed to regularise long-term undocumented migrants in Ireland. The applicant, an Algerian national, was deemed ineligible for the scheme as he had not been undocumented for the required four-year period prior to January 2022. The court found no evidence of discrimination or irrationality in the scheme's criteria, affirming that the applicant's circumstances did not meet the eligibility requirements for either strand of the scheme. The court also rejected the argument that the decision-maker had fettered discretion by not exercising ministerial discretion outside the scheme's criteria.
Scheme to Regularize Long-Term Undocumented Migrants, international protection, eligibility criteria, ministerial discretion, executive discretion, undocumented migrant, temporary residence certificate, international protection applicant, discrimination, Constitution of Ireland, European Convention on Human Rights (ECHR), Charter of Fundamental Rights and Freedoms, judicial review, policy decision, rationality, arbitrariness, capriciousness, proportionality.
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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