A v Minister for Justice & Equality & Ors, S v Minister for Justice & Equality & Ors, I v Minister for Justice & Equality & Ors (Approved) [2020] IESC 70 (08 December 2020)
A High Court judge must provide reasons for not following a co-ordinate precedent; tacit or implicit disagreement is insufficient. Legal certainty and the administration of justice require explicit reasoning when departing from horizontal precedent.
- Citation
- [2020] IESC 70
- Parties
- Applicants/respondents: A, S and I; Appellants/respondents: The Minister for Justice and Equality, Ireland and the Attorney General
- Jurisdiction
- Ireland
- Judgment Date
- 08 December 2020
- Procedural Posture
- Supreme Court Appeal / Judgment on Appeal
- Outcome
- Other
- Legal Topics
- Family Reunification, Refugee Status, Precedent (stare Decisis and Res Judicata), Interpretation of International Protection Act 2015
Case Brief
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Parties
A, S and I
Applicants/respondents
The Minister for Justice and Equality, Ireland and the Attorney General
Appellants/respondents
Procedural Posture
Supreme Court Appeal / Judgment on Appeal
Legal Issues
- 1 Whether a High Court judge must provide reasons for departing from a co-ordinate (horizontal) precedent
- 2 Interpretation of Section 56 of the International Protection Act 2015 regarding family reunification for refugees and those with subsidiary protection
Ratio Decidendi
A High Court judge must provide reasons for not following a co-ordinate precedent; tacit or implicit disagreement is insufficient. Legal certainty and the administration of justice require explicit reasoning when departing from horizontal precedent.
Court Disposition
Other
Full Case Text
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