E v The International Protection Appeals Tribunal & ors; FOM v The Minister for Justice & Ors (Approved) [2026] IESC 8 (18 February 2026)

E v The International Protection Appeals Tribunal & ors; FOM v The Minister for Justice & Ors (Approved) [2026] IESC 8 (18 February 2026)

The appeals are moot because the legislative amendments in the Civil Law, Criminal Law and Superannuation Act 2024 revoked the 2020 Order designating the UK as a safe third country and introduced new safeguards, requiring any future decisions to be made under the amended regime. There is no longer a live controversy as the previous decisions have no continuing legal effect, and even a decision in favour of the appellants would have no practical impact. Section 27 of the Interpretation Act 2005 does not preserve the effect of the quashed decisions in light of the new legislative framework.

Citation
[2026] IESC 8
Parties
Applicant/respondent: KE; Applicant/respondent: FOM; Respondent/appellant: The International Protection Appeals Tribunal; Respondent/appellant: The Minister for Justice; Respondent/appellant: Ireland; Respondent/appellant: The Attorney General
Jurisdiction
Ireland
Judgment Date
18 February 2026
Procedural Posture
Appeal / Supreme Court Judgment on Appeal From Court of Appeal Decision Regarding Mootness of Appeals From High Court Orders
Outcome
Appeals dismissed as moot
Legal Topics
Mootness, International Protection, Safe Third Country, Judicial Review, EU Directives, Legislative Amendments, Refoulement, Interpretation of Statutes
Administrative Law Immigration Law European Union Law Constitutional Law Mootness International Protection Safe Third Country Judicial Review +4 more

Case Brief

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Parties

KE

Applicant/respondent

FOM

Applicant/respondent

The International Protection Appeals Tribunal

Respondent/appellant

The Minister for Justice

Respondent/appellant

Ireland

Respondent/appellant

The Attorney General

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Appeal From Court of Appeal Decision Regarding Mootness of Appeals From High Court Orders

Legal Issues

  1. 1 Whether the appeals were moot following legislative amendments to the International Protection Act 2015 and revocation of the relevant statutory instrument
  2. 2 Whether the Court should exercise discretion to hear a moot appeal
  3. 3 Whether previous decisions under the revoked regime retain legal effect

Ratio Decidendi

The appeals are moot because the legislative amendments in the Civil Law, Criminal Law and Superannuation Act 2024 revoked the 2020 Order designating the UK as a safe third country and introduced new safeguards, requiring any future decisions to be made under the amended regime. There is no longer a live controversy as the previous decisions have no continuing legal effect, and even a decision in favour of the appellants would have no practical impact. Section 27 of the Interpretation Act 2005 does not preserve the effect of the quashed decisions in light of the new legislative framework.

Court Disposition

Appeals dismissed as moot

Orders

  • No further orders; appeals dismissed for mootness