S. (C.) & Ors v. Minister for Justice, Equality and Law Reform & Ors [2004] IEHC 610 (7 November 2003)

S. (C.) & Ors v. Minister for Justice, Equality and Law Reform & Ors [2004] IEHC 610 (7 November 2003)

The applicants are entitled to an extension of time to bring judicial review proceedings because the delay was substantially caused by the Refugee Legal Service's failure to provide necessary documents, for which the applicants are not personally blameworthy. There is an arguable case that the applications of the minor applicants were not considered individually, that internal relocation was a relevant issue, that the absence of reference to Section 4 of the Criminal Justice (United Nations Convention Against Torture) Act 2000 may constitute a breach of statutory duty, and that the Deportation Order should specify the country of deportation. No arguable case was made out regarding the...

Citation
[2004] IEHC 610
Parties
Applicants: C. S., B. S. (A MINOR SUING BY HIS MOTHER AND NEXT FRIEND C. S.), N. N. (A MINOR SUING BY HER MOTHER AND NEXT FRIEND C. S.); Respondents: The Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
07 November 2003
Procedural Posture
Judicial Review / Application for Extension of Time and Leave to Bring Proceedings
Outcome
Extension of time granted; leave to bring judicial review proceedings granted; stay on deportation order pending outcome.
Legal Topics
Judicial Review of Deportation Orders, Extension of Time for Judicial Review, Refoulement, Fair Procedures in Asylum Process, Individual Assessment of Asylum Claims, Ultra Vires Challenge to Regulations
Immigration Law Administrative Law Human Rights Law Judicial Review of Deportation Orders Extension of Time for Judicial Review Refoulement Fair Procedures in Asylum Process Individual Assessment of Asylum Claims +1 more

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Parties

C. S., B. S. (A MINOR SUING BY HIS MOTHER AND NEXT FRIEND C. S.), N. N. (A MINOR SUING BY HER MOTHER AND NEXT FRIEND C. S.)

Applicants

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

Respondents

Procedural Posture

Judicial Review / Application for Extension of Time and Leave to Bring Proceedings

Legal Issues

  1. 1 Whether the applicants are entitled to an extension of time to challenge deportation orders and refoulement decision under Section 5 of the Illegal Immigrants Trafficking Act 2000
  2. 2 Whether the applicants' asylum and deportation applications were considered individually, especially for the minor applicants
  3. 3 Whether the Minister was required to provide all material before the decision-maker to the applicants

Ratio Decidendi

The applicants are entitled to an extension of time to bring judicial review proceedings because the delay was substantially caused by the Refugee Legal Service's failure to provide necessary documents, for which the applicants are not personally blameworthy. There is an arguable case that the applications of the minor applicants were not considered individually, that internal relocation was a relevant issue, that the absence of reference to Section 4 of the Criminal Justice (United Nations Convention Against Torture) Act 2000 may constitute a breach of statutory duty, and that the Deportation Order should specify the country of deportation. No arguable case was made out regarding the...

Court Disposition

Extension of time granted; leave to bring judicial review proceedings granted; stay on deportation order pending outcome.

Orders

  • Extension of time to bring proceedings up to date of commencement granted
  • Leave to bring judicial review proceedings granted for specified grounds