Seredych v The Minister for Justice (Unapproved) [2020] IESC 62 (13 October 2020)

Seredych v The Minister for Justice (Unapproved) [2020] IESC 62 (13 October 2020)

The Minister is not obliged, either under Irish law or EU law, to revoke a deportation order or otherwise facilitate the entry of a person who has been granted consent to make a subsequent application for international protection under s. 22 of the International Protection Act 2015. The statutory scheme requires presence in the State or at its frontiers to make such an application, and the Minister's consent does not confer a right to enter or remain. There is no positive obligation to grant a visa or revoke a deportation order in these circumstances.

Citation
[2020] IESC 62
Parties
Applicant/respondent: Ivan Seredych; Respondent/appellant: The Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
13 October 2020
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed; High Court order set aside.
Legal Topics
Deportation Orders, International Protection Applications, Ministerial Discretion, Procedures Directive, Right to Enter State, Revocation of Deportation Orders
Immigration Law Administrative Law International Protection Deportation Orders International Protection Applications Ministerial Discretion Procedures Directive Right to Enter State +1 more

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Parties

Ivan Seredych

Applicant/respondent

The Minister for Justice and Equality

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Minister is obliged to revoke a deportation order or otherwise facilitate entry to the State when consent to make a subsequent application for international protection is granted under s. 22 of the International Protection Act 2015.
  2. 2 Whether the principle of frustration applies to require the Minister to revoke a deportation order or grant a visa in these circumstances.
  3. 3 Whether Irish law or EU law imposes a positive obligation to facilitate entry for the purpose of making a subsequent application for protection.

Ratio Decidendi

The Minister is not obliged, either under Irish law or EU law, to revoke a deportation order or otherwise facilitate the entry of a person who has been granted consent to make a subsequent application for international protection under s. 22 of the International Protection Act 2015. The statutory scheme requires presence in the State or at its frontiers to make such an application, and the Minister's consent does not confer a right to enter or remain. There is no positive obligation to grant a visa or revoke a deportation order in these circumstances.

Court Disposition

Appeal allowed; High Court order set aside.

Orders

  • Order of Humphreys J. quashing the Minister's refusal to revoke the deportation order is set aside.