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Court of Appeal: (a) dismisses appeal from the High Court, and affirms refusal of judicial review of a determination by the regulator of medical insurance that students resident in the State for over one year were 'ordinarily resident', and that the provider of health insurance to them should be registered under the relevant legislation; but (b) allows appeal from the High Court on a statutory appeal from a determination of the regulator, and determines that an enforcement notice issued by the regulator was bad in law by reason of its failing to specify a contravention of the relevant legislation.
Murray J (nem diss): Claim by insurance undertaking against regulator of private health insurance market - Health Insurance Act 1994 - registration of health insurers - obligations in conduct of business - plaintiff not registered - provision of health insurance to a person not 'ordinarily resident' in the State - insurance available to foreign students - if resident in State for over a year, deemed to be 'ordinarily resident' by regulator - whether undertaking obliged to register - enforcement notice - application for cancellation of directions - judicial review - 'stamp 2 and 2A' - requirement by Irish Nationalisation and Immigration Services (‘INIS’) that students hold private medical insurance - whether regulator incorrect in interpretation of 'ordinarily resident' where it created potentially criminal consequences for those affected - underlying purpose of legislation not relevant to students temporarily resident in the State - whether requirement was consistent with underlying statutory framework - power of regulator to determine ordinary residence - meaning of 'ordinary residence' - individualised assessment of ordinary residence - whether students undertaking a course of more than one year's duration were ordinarily resident in the State - policy of Act - legitimate expectation.
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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