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)

Section 5 and section 10 of the Illegal Immigrants (Trafficking) Bill 1999 are not repugnant to the Constitution. The 14-day time limit for judicial review, with provision for extension for good and sufficient reason, does not unconstitutionally restrict access to the courts. The restriction of challenges to judicial review and the regulation of appeals to the Supreme Court are permissible legislative regulations. Non-nationals retain constitutional rights of access to the courts and to fair procedures. The presumption of constitutionality applies to the Bill, and the procedures prescribed are not shown to be inherently unconstitutional.

Citation
[2000] 2 IR 360
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) / Judgment on Constitutionality of Bill Provisions
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, Equality Before the Law, Deportation, Time Limits for Legal Challenge, Right of Appeal, Legal Aid, Rights of Non Nationals
Constitutional Law Immigration Law Administrative Law Presumption of Constitutionality Access to Courts Judicial Review Equality Before the Law Deportation +4 more

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Parties

President Mary McAleese

Referring Authority

Attorney General

Respondent

Counsel assigned by the Court

Amicus Curiae

Procedural Posture

Article 26 Reference (supreme Court) / Judgment on Constitutionality of Bill Provisions

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 time limit for judicial review unconstitutionally restricts access to the courts
  3. 3 Whether restricting challenges to judicial review only, and limiting appeals to the Supreme Court, is constitutional

Ratio Decidendi

Section 5 and section 10 of the Illegal Immigrants (Trafficking) Bill 1999 are not repugnant to the Constitution. The 14-day time limit for judicial review, with provision for extension for good and sufficient reason, does not unconstitutionally restrict access to the courts. The restriction of challenges to judicial review and the regulation of appeals to the Supreme Court are permissible legislative regulations. Non-nationals retain constitutional rights of access to the courts and to fair procedures. The presumption of constitutionality applies to the Bill, and the procedures prescribed are not shown to be inherently unconstitutional.

Court Disposition

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

Orders

  • President to be so advised; Bill may be signed into law.