Chain wen Wei & anor v The Minister for Justice & anor (Approved) [2024] IESC 58 (19 December 2024)

Chain wen Wei & anor v The Minister for Justice & anor (Approved) [2024] IESC 58 (19 December 2024)

The plain meaning of 'public policy' in s. 4(3)(j) of the Immigration Act 2004 encompasses general State policy, including refusal of entry for online courses during the Covid-19 pandemic. The section is not limited to national security or personal conduct. The High Court and Court of Appeal correctly interpreted the provision, and the appeal must be dismissed.

Citation
[2024] IESC 58
Parties
Applicant: Chain Wen Wei; Applicant: Tang Ting Ting; Respondent: Minister for Justice; Respondent: Commissioner of An Garda Síochána
Jurisdiction
Ireland
Judgment Date
19 December 2024
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Refusal of Entry, Public Policy, National Security, Judicial Review, Statutory Construction
Immigration Law Administrative Law Statutory Interpretation Refusal of Entry Public Policy National Security Judicial Review Statutory Construction

Case Brief

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Parties

Chain Wen Wei

Applicant

Tang Ting Ting

Applicant

Minister for Justice

Respondent

Commissioner of An Garda Síochána

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Proper interpretation of 'public policy' in s. 4(3)(j) of the Immigration Act 2004 as grounds for refusal of leave to land
  2. 2 Whether 'public policy' should be narrowly construed akin to national security and limited to personal conduct
  3. 3 Application of EU law principles to national statutory interpretation

Ratio Decidendi

The plain meaning of 'public policy' in s. 4(3)(j) of the Immigration Act 2004 encompasses general State policy, including refusal of entry for online courses during the Covid-19 pandemic. The section is not limited to national security or personal conduct. The High Court and Court of Appeal correctly interpreted the provision, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; High Court and Court of Appeal decisions upheld