Adio & Ors -v- Minisiter for Justice, Equality & Law Reform [2007] IESC 63 (20 December 2007)

Adio & Ors -v- Minisiter for Justice, Equality & Law Reform [2007] IESC 63 (20 December 2007)

The IBC 05 Scheme was an administrative scheme with clear criteria, including time limits. The Minister was not required to consider Constitutional or Convention rights when refusing to consider a late application. The refusal was valid within the scheme, and the applicants' rights remain to be considered in other appropriate processes.

Citation
[2007] IESC 63
Parties
Applicant/respondent: Folashade Olubunmi Adio; Applicant/respondent: Fuod Adio (a minor suing by his mother and next friend Folashade Olubunmi Adio); Applicant/respondent: Farouq Adio (a minor suing by his mother and next friend Folashade Olubunmi Adio); Respondent/appellant: The Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
20 December 2007
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
appeal allowed; High Court order set aside
Legal Topics
Executive Power, Administrative Schemes, Judicial Review, Constitutional Rights, European Convention on Human Rights, Time Limits for Applications
Immigration Law Constitutional Law Administrative Law Executive Power Administrative Schemes Judicial Review Constitutional Rights European Convention on Human Rights +1 more

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Parties

Folashade Olubunmi Adio

Applicant/respondent

Fuod Adio (a minor suing by his mother and next friend Folashade Olubunmi Adio)

Applicant/respondent

Farouq Adio (a minor suing by his mother and next friend Folashade Olubunmi Adio)

Applicant/respondent

The Minister for Justice, Equality and Law Reform

Respondent/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the Minister was required to consider Constitutional and Convention rights when refusing to consider a late application under the IBC 05 Scheme
  2. 2 Whether the refusal to consider the application was invalid for failure to consider the rights of the Irish citizen child

Ratio Decidendi

The IBC 05 Scheme was an administrative scheme with clear criteria, including time limits. The Minister was not required to consider Constitutional or Convention rights when refusing to consider a late application. The refusal was valid within the scheme, and the applicants' rights remain to be considered in other appropriate processes.

Court Disposition

appeal allowed; High Court order set aside

Orders

  • Minister's appeal allowed
  • High Court order quashing the Minister's decision reversed