Luximon & Ors -v- The Minister for Justice and Equality & Ors [2016] IECA 382 (15 December 2016)

Luximon & Ors -v- The Minister for Justice and Equality & Ors [2016] IECA 382 (15 December 2016)

The Minister, when considering an application under s. 4(7) of the Immigration Act 2004 to renew or vary permission to remain, is obliged to consider any rights asserted by the applicant under Article 8 ECHR (and, if raised, constitutional rights), as the refusal of such permission may constitute an interference with private and family life. The Minister's discretion must be exercised in a manner compatible with the State's obligations under the ECHR. There is no obligation to publish general criteria for s. 4(7) applications.

Citation
[2016] IECA 382
Parties
Applicant/respondent: Daniybe Luximon; Applicant/respondent: Prashina Choolun (a minor, suing by her mother and next friend, Daniybe Luximon); Respondent/appellant: The Minister for Justice and Equality; Amicus Curiae: Irish Human Rights and Equality Commission
Jurisdiction
Ireland
Judgment Date
15 December 2016
Procedural Posture
Appeal / Judgment on Appeal From High Court Decision Granting Certiorari
Outcome
Appeal dismissed; High Court order of certiorari upheld; matter remitted to the Minister for further consideration.
Legal Topics
Renewal of Immigration Permission, Article 8 ECHR Rights, Ministerial Discretion, Fair Procedures, Judicial Review, Obligation to Publish Criteria, Family and Private Life Rights
Immigration Law Constitutional Law Human Rights Law Administrative Law Renewal of Immigration Permission Article 8 ECHR Rights Ministerial Discretion Fair Procedures +3 more

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Parties

Daniybe Luximon

Applicant/respondent

Prashina Choolun (a minor, suing by her mother and next friend, Daniybe Luximon)

Applicant/respondent

The Minister for Justice and Equality

Respondent/appellant

Irish Human Rights and Equality Commission

Amicus Curiae

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision Granting Certiorari

Legal Issues

  1. 1 Whether the Minister is obliged to consider constitutional and/or ECHR rights in applications under s. 4(7) of the Immigration Act 2004 for persons whose permission has expired
  2. 2 Whether there is a legal obligation on the Minister to publish criteria applicable under s. 4(7) for timed-out non-EEA students seeking change of immigration status

Ratio Decidendi

The Minister, when considering an application under s. 4(7) of the Immigration Act 2004 to renew or vary permission to remain, is obliged to consider any rights asserted by the applicant under Article 8 ECHR (and, if raised, constitutional rights), as the refusal of such permission may constitute an interference with private and family life. The Minister's discretion must be exercised in a manner compatible with the State's obligations under the ECHR. There is no obligation to publish general criteria for s. 4(7) applications.

Court Disposition

Appeal dismissed; High Court order of certiorari upheld; matter remitted to the Minister for further consideration.

Orders

  • Order of certiorari quashing the Minister's decision refusing renewal of permission to remain.
  • Application remitted to the Minister for further consideration and decision.