S. v. Minister for Justice, Equality and Law Reform [2004] IESC 36 (10 June 2004)

The Minister's refusal of consent under s.17(7) of the Refugee Act, 1996 is a 'refusal' within the meaning of s.5(1)(k) of the Illegal Immigrants (Trafficking) Act, 2000, as the statutory language is clear, unambiguous, and encompasses such refusals.

Citation: [2004] IESC 36
Parties: Applicant/respondent: S.; Respondent/appellant: Minister for Justice, Equality and Law Reform
Jurisdiction: Ireland
Judgment Date: 10 June 2004
Procedural Posture: Appeal / Supreme Court Judgment on Preliminary Issue of Statutory Construction
Outcome: Appeal allowed
Legal Topics: Statutory Interpretation, Judicial Review, Refugee Status, Time Limits for Judicial Review

Administrative Law Immigration Law Statutory Interpretation Judicial Review Refugee Status Time Limits for Judicial Review

Case Brief

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Parties

Applicant/respondent

Minister for Justice, Equality and Law Reform

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment on Preliminary Issue of Statutory Construction

Legal Issues

1 Whether the Minister's refusal of consent under s.17(7) of the Refugee Act, 1996 is a 'refusal' within the meaning of s.5(1)(k) of the Illegal Immigrants (Trafficking) Act, 2000

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Minister's decision under s.17(7) of the Refugee Act, 1996 is a 'refusal' within s.5(1)(k) of the Illegal Immigrants (Trafficking) Act, 2000