Opesyitan & ors -v- Refugee Appeals Tribunal & ors [2006] IESC 53 (26 July 2006)

Opesyitan & ors -v- Refugee Appeals Tribunal & ors [2006] IESC 53 (26 July 2006)

The refusal of the Refugee Appeals Tribunal to make available to applicants relevant tribunal decisions as requested is an unlawful exercise of discretion under the 2003 Act and a breach of applicants' rights to fair procedures and natural and constitutional justice under Article 40.3 of the Constitution. The obligation to provide reasonable access to relevant previous decisions arises from constitutional requirements of fair procedures, not from a statutory mandate to publish under section 19(4A).

Citation
[2006] IESC 53
Parties
Applicant/respondent: Petar Petrov Atanasov; Applicants/respondents: Motunde Alaba Opesyitan and Bunmi Alaba Opesyitan (a minor), Olayemi Alaba Opesyitan (a minor), Oluwadamilola Alaba Opesyitan (a minor), Eniola Alaba Opesyitan (a minor); Applicant/respondent: Masongmehi Njuakea Fontu; Respondents/appellants: Refugee Appeals Tribunal (Tribunal Member Aidan Eames), Chairperson of the Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform; Respondents/appellants: Ireland and Attorney General; Notice Party: Human Rights Commission
Jurisdiction
Ireland
Judgment Date
26 July 2006
Procedural Posture
Judicial Review (appeal) / Supreme Court Appeal From High Court
Outcome
Appeals dismissed; High Court order varied
Legal Topics
Fair Procedures, Natural Justice, Access to Precedents, Refugee Law, Equality of Arms
Constitutional Law Administrative Law Immigration Law Fair Procedures Natural Justice Access to Precedents Refugee Law Equality of Arms

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Parties

Petar Petrov Atanasov

Applicant/respondent

Motunde Alaba Opesyitan and Bunmi Alaba Opesyitan (a minor), Olayemi Alaba Opesyitan (a minor), Oluwadamilola Alaba Opesyitan (a minor), Eniola Alaba Opesyitan (a minor)

Applicants/respondents

Masongmehi Njuakea Fontu

Applicant/respondent

Refugee Appeals Tribunal (Tribunal Member Aidan Eames), Chairperson of the Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform

Respondents/appellants

Ireland and Attorney General

Respondents/appellants

Human Rights Commission

Notice Party

Procedural Posture

Judicial Review (appeal) / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether appellants before the Refugee Appeals Tribunal are legally and/or constitutionally entitled to access previous decisions of the Tribunal in which similar and relevant issues of law arose.
  2. 2 Whether section 19(4A) of the Refugee Act, 1996 (as inserted by the Immigration Act, 2003) imposes a statutory obligation to publish decisions of legal importance.
  3. 3 Whether refusal to provide access to previous relevant decisions breaches fair procedures and natural and constitutional justice.

Ratio Decidendi

The refusal of the Refugee Appeals Tribunal to make available to applicants relevant tribunal decisions as requested is an unlawful exercise of discretion under the 2003 Act and a breach of applicants' rights to fair procedures and natural and constitutional justice under Article 40.3 of the Constitution. The obligation to provide reasonable access to relevant previous decisions arises from constitutional requirements of fair procedures, not from a statutory mandate to publish under section 19(4A).

Court Disposition

Appeals dismissed; High Court order varied

Orders

  • Declaration that refusal to make available relevant tribunal decisions as requested is an unlawful exercise of discretion under the 2003 Act and a breach of applicants' rights to fair procedures and natural and constitutional justice under Article 40.3 of the Constitution.