Marques v Minister for Justice and Equality [2019] IESC 16 (20 March 2019)

Marques v Minister for Justice and Equality [2019] IESC 16 (20 March 2019)

The Minister for Justice and Equality retains a residual discretion to refuse extradition under section 15(2) of the Extradition Act 1965, is not obliged to seek reasons from the Director of Public Prosecutions for non-prosecution, and the reasons provided for extradition were adequate given the circumstances and prior judicial review.

Citation
[2019] IESC 16
Parties
Applicant/appellant: Eric Eoin Marques; Respondent/respondent: The Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
20 March 2019
Procedural Posture
Extradition Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Extradition, Ministerial Discretion, Adequacy of Reasons, Judicial Review, Prosecution Independence
Criminal Law International Law Administrative Law Extradition Ministerial Discretion Adequacy of Reasons Judicial Review Prosecution Independence

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Parties

Eric Eoin Marques

Applicant/appellant

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

Respondent/respondent

Procedural Posture

Extradition Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Interpretation of section 15(2) of the Extradition Act 1965 and Minister's role
  2. 2 Minister's obligation to seek reasons from Director of Public Prosecutions
  3. 3 Adequacy of reasons given by Minister for extradition decision

Ratio Decidendi

The Minister for Justice and Equality retains a residual discretion to refuse extradition under section 15(2) of the Extradition Act 1965, is not obliged to seek reasons from the Director of Public Prosecutions for non-prosecution, and the reasons provided for extradition were adequate given the circumstances and prior judicial review.

Court Disposition

Appeal dismissed

Orders

  • Order of Donnelly J and judgment of Court of Appeal affirmed
  • Extradition of Eric Eoin Marques to United States to proceed