ASA v Minister for Justice & Equality (Approved) [2022] IESC 49 (24 November 2022)

ASA v Minister for Justice & Equality (Approved) [2022] IESC 49 (24 November 2022)

The Supreme Court held that the International Protection Act 2015 does not preclude International Protection Officers from also being officers of the Minister for Justice for the purpose of leave to remain decisions. The Carltona doctrine applies, allowing ministerial functions to be exercised by officials unless...

Source-derived case information.

Citation
[2022] IESC 49
Parties
Appellant: ASA; Respondent: Minister for Justice & Equality
Jurisdiction
Ireland
Judgment Date
24 November 2022
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Carltona Doctrine, Ministerial Decision Making, Leave to Remain, International Protection, Conflict of Roles, Statutory Interpretation
Administrative Law Immigration Law Constitutional Law EU Law Carltona Doctrine Ministerial Decision Making Leave to Remain International Protection +2 more

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Summary, issues, holding and outcome

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Parties

ASA

Appellant

Minister for Justice & Equality

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the International Protection Act 2015 precludes International Protection Officers (IPOs) from making leave to remain decisions under section 49
  2. 2 Whether the operation of the system creates a conflict of roles between IPOs and officers of the Minister for Justice
  3. 3 Whether the Carltona principle applies to leave to remain decisions under the 2015 Act

Ratio Decidendi

The Supreme Court held that the International Protection Act 2015 does not preclude International Protection Officers from also being officers of the Minister for Justice for the purpose of leave to remain decisions. The Carltona doctrine applies, allowing ministerial functions to be exercised by officials unless expressly excluded by statute, and there is no such exclusion in the 2015 Act. The statutory framework and departmental practice ensure independence in international protection decisions, and there is no evidence of unlawful conflation of roles or breach of EU law. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The High Court order is affirmed.