C.A. & anor -v- Minister for Justice and Equality & ors [2014] IEHC 532 (14 November 2014)

C.A. & anor -v- Minister for Justice and Equality & ors [2014] IEHC 532 (14 November 2014)

The direct provision scheme and the payment of the weekly direct provision allowance are not ultra vires the Social Welfare Consolidation Act 2005, nor is the operation of direct provision without statutory basis a breach of Article 15.2.1 of the Constitution. The executive is not precluded from operating such a scheme in the absence of express statutory prohibition. The failure to establish the Refugee Advisory Board does not render the scheme unlawful. The applicants' claims regarding the prohibition on employment and social welfare were adjourned pending other High Court decisions. The direct provision scheme, as operated, does not breach the separation of powers or constitutional...

Citation
[2014] IEHC 532
Parties
Applicant: C. A.; Applicant: T. A. (a minor suing through his mother and next friend C. A.); Respondent: Minister for Justice and Equality; Respondent: Minister for Social Protection; Respondent: Attorney General; Respondent: Ireland
Jurisdiction
Ireland
Judgment Date
14 November 2014
Procedural Posture
Judicial Review / Final Judgment on Core Issues, With Some Issues Adjourned
Outcome
Application dismissed (core reliefs refused); certain issues adjourned.
Legal Topics
Direct Provision, Separation of Powers, Ultra Vires, Right to Work, Social Welfare Entitlements, Subsidiary Protection, Family Life, Children's Rights
Constitutional Law Administrative Law Human Rights Law Social Welfare Law Direct Provision Separation of Powers Ultra Vires Right to Work +4 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 2 Authorities cited 10 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

C. A.

Applicant

T. A. (a minor suing through his mother and next friend C. A.)

Applicant

Minister for Justice and Equality

Respondent

Minister for Social Protection

Respondent

Attorney General

Respondent

Ireland

Respondent

Procedural Posture

Judicial Review / Final Judgment on Core Issues, With Some Issues Adjourned

Legal Issues

  1. 1 Whether the direct provision scheme and the payment of the weekly direct provision allowance are ultra vires the Social Welfare Consolidation Act 2005 and unlawful due to lack of statutory basis
  2. 2 Whether the operation of direct provision without statutory basis breaches Article 15.2.1 of the Constitution (separation of powers)
  3. 3 Whether the denial of social welfare and right to work to protection applicants is unconstitutional

Ratio Decidendi

The direct provision scheme and the payment of the weekly direct provision allowance are not ultra vires the Social Welfare Consolidation Act 2005, nor is the operation of direct provision without statutory basis a breach of Article 15.2.1 of the Constitution. The executive is not precluded from operating such a scheme in the absence of express statutory prohibition. The failure to establish the Refugee Advisory Board does not render the scheme unlawful. The applicants' claims regarding the prohibition on employment and social welfare were adjourned pending other High Court decisions. The direct provision scheme, as operated, does not breach the separation of powers or constitutional...

Court Disposition

Application dismissed (core reliefs refused); certain issues adjourned.

Orders

  • Declarations sought in respect of the unlawfulness of direct provision, ultra vires, and breach of separation of powers refused.
  • Issues relating to prohibition on employment and social welfare, and the UN Convention on the Rights of the Child, adjourned pending other High Court decisions.