S and Anor -v- The Minister for Justice and Equality & Ors [2017] IECA 235 (31 July 2017)

S and Anor -v- The Minister for Justice and Equality & Ors [2017] IECA 235 (31 July 2017)

Proceedings seeking to restrain enforcement of a deportation order are governed by s. 5(1)(c) of the Illegal Immigrants (Trafficking) Act 2000 as they amount to a challenge to the validity of the order; absent a certificate from the High Court, the Court of Appeal lacks jurisdiction to hear the appeal.

Citation
[2017] IECA 235
Parties
Applicants / Appellants: BSS (an infant acting by his father and next friend AS) and AS; Respondents: The Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
31 July 2017
Procedural Posture
Judicial Review / Appeal to Court of Appeal
Outcome
Appeal struck out for want of jurisdiction
Legal Topics
Deportation Orders, Judicial Review, Jurisdiction, Collateral Attack, EU Citizenship Rights
Immigration Law Administrative Law EU Law Deportation Orders Judicial Review Jurisdiction Collateral Attack EU Citizenship Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

BSS (an infant acting by his father and next friend AS) and AS

Applicants / Appellants

The Minister for Justice and Equality, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Appeal to Court of Appeal

Legal Issues

  1. 1 Whether proceedings restraining enforcement of a deportation order are governed by s. 5 of the Illegal Immigrants (Trafficking) Act 2000
  2. 2 Whether the Court of Appeal has jurisdiction to hear the appeal absent a certificate from the High Court

Ratio Decidendi

Proceedings seeking to restrain enforcement of a deportation order are governed by s. 5(1)(c) of the Illegal Immigrants (Trafficking) Act 2000 as they amount to a challenge to the validity of the order; absent a certificate from the High Court, the Court of Appeal lacks jurisdiction to hear the appeal.

Court Disposition

Appeal struck out for want of jurisdiction

Orders

  • Appeal struck out