Charles & ors -v- Minister for Justice and Equality & ors [2016] IESC 48 (28 July 2016)

Charles & ors -v- Minister for Justice and Equality & ors [2016] IESC 48 (28 July 2016)

The Okunade test for interlocutory injunctions in immigration judicial review proceedings applies equally to applications pending appeal after an adverse first instance decision; there is no basis for a different or refined test at the appellate stage. The application of the test may differ depending on the circumstances, but the underlying principle remains unchanged.

Citation
[2016] IESC 48
Parties
Applicants/respondents: C. C., A. P., C. C. C. (an infant suing by her father and next friend C. C.), C. C. (an infant suing by his father and next friend C. C.) (the Charles family); Respondents/appellants: The Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
28 July 2016
Procedural Posture
Appeal (supreme Court) / Appeal From Court of Appeal Decision Granting Interlocutory Injunction Pending Appeal in Immigration Judicial Review
Outcome
Appeal dismissed
Legal Topics
Interlocutory Injunctions, Deportation, Judicial Review, Appellate Procedure, Subsidiary Protection, Refugee Law
Immigration Law Constitutional Law Administrative Law Interlocutory Injunctions Deportation Judicial Review Appellate Procedure Subsidiary Protection +1 more

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Parties

C. C., A. P., C. C. C. (an infant suing by her father and next friend C. C.), C. C. (an infant suing by his father and next friend C. C.) (the Charles family)

Applicants/respondents

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

Respondents/appellants

Procedural Posture

Appeal (supreme Court) / Appeal From Court of Appeal Decision Granting Interlocutory Injunction Pending Appeal in Immigration Judicial Review

Legal Issues

  1. 1 Whether the Okunade test for interlocutory injunctions in immigration cases applies equally to applications pending appeal after an adverse first instance decision
  2. 2 Whether the test for granting a stay or injunction pending appeal in immigration judicial review proceedings should be refined or is distinct from the pre-trial context

Ratio Decidendi

The Okunade test for interlocutory injunctions in immigration judicial review proceedings applies equally to applications pending appeal after an adverse first instance decision; there is no basis for a different or refined test at the appellate stage. The application of the test may differ depending on the circumstances, but the underlying principle remains unchanged.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the State is dismissed.
  • The Court of Appeal's order granting an interlocutory injunction restraining deportation pending appeal stands.