Article 26 and the Illegal Immigrants (Trafficking) Bill 1999, Re [2000] IESC 19; [2000] 2 IR 360 (28th August, 2000)

Article 26 and the Illegal Immigrants (Trafficking) Bill 1999, Re [2000] IESC 19; [2000] 2 IR 360 (28th August, 2000)

Sections 5 and 10 of the Illegal Immigrants (Trafficking) Bill 1999 are not repugnant to the Constitution. The 14-day limitation period for judicial review is not unconstitutional due to the High Court's power to extend time for good and sufficient reason, and the procedures prescribed do not deny access to the courts or to habeas corpus. Restrictions on appeals to the Supreme Court are within the Oireachtas's constitutional authority. The Bill does not unlawfully discriminate against non-nationals, as the State's wide powers in immigration matters justify differential treatment, and non-nationals retain core constitutional rights.

Citation
[2000] IESC 19
Parties
Referring Authority: President Mary McAleese; Respondent: Attorney General; Amicus Curiae: Counsel assigned by the Court
Jurisdiction
Ireland
Procedural Posture
Article 26 Reference (supreme Court, Ireland) / Decision on Constitutionality of Sections of a Bill Prior to Enactment
Outcome
Sections 5 and 10 of the Illegal Immigrants (Trafficking) Bill 1999 are not repugnant to the Constitution.
Legal Topics
Presumption of Constitutionality, Access to Courts, Judicial Review, Deportation, Rights of Non Nationals, Limitation Periods, Appeals, Equality Before the Law
Constitutional Law Immigration Law Administrative Law Presumption of Constitutionality Access to Courts Judicial Review Deportation Rights of Non Nationals +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 33 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

President Mary McAleese

Referring Authority

Attorney General

Respondent

Counsel assigned by the Court

Amicus Curiae

Procedural Posture

Article 26 Reference (supreme Court, Ireland) / Decision on Constitutionality of Sections of a Bill Prior to Enactment

Legal Issues

  1. 1 Whether section 5 and section 10 of the Illegal Immigrants (Trafficking) Bill 1999 are repugnant to the Constitution
  2. 2 Whether the 14-day limitation period for judicial review is unconstitutional
  3. 3 Whether restricting challenges to judicial review denies access to habeas corpus

Ratio Decidendi

Sections 5 and 10 of the Illegal Immigrants (Trafficking) Bill 1999 are not repugnant to the Constitution. The 14-day limitation period for judicial review is not unconstitutional due to the High Court's power to extend time for good and sufficient reason, and the procedures prescribed do not deny access to the courts or to habeas corpus. Restrictions on appeals to the Supreme Court are within the Oireachtas's constitutional authority. The Bill does not unlawfully discriminate against non-nationals, as the State's wide powers in immigration matters justify differential treatment, and non-nationals retain core constitutional rights.

Court Disposition

Sections 5 and 10 of the Illegal Immigrants (Trafficking) Bill 1999 are not repugnant to the Constitution.

Orders

  • The President is advised that sections 5 and 10 of the Bill are not repugnant to the Constitution.