F.O (No 2) -v- The Minister for Justice & Ors [2013] IEHC 236 (21 May 2013)

F.O (No 2) -v- The Minister for Justice & Ors [2013] IEHC 236 (21 May 2013)

The Minister was not obliged to consider information not submitted before the deportation order was made. The failure to consider new information was due to the applicant's own inaction. There is no legal obligation on the Minister to seek representations where none have been made. The application for leave was also out of time and no good or sufficient reason for extension was established. No substantial grounds for judicial review were shown.

Citation
[2013] IEHC 236
Parties
Applicant: F. O. (No.2); Respondents: The Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
21 May 2013
Procedural Posture
Judicial Review / Application for Leave to Seek Judicial Review
Outcome
Leave to seek judicial review refused
Legal Topics
Deportation Orders, Judicial Review, Subsidiary Protection, Leave to Remain, Revocation of Deportation, Procedural Fairness, Extension of Time
Immigration Law Administrative Law Deportation Orders Judicial Review Subsidiary Protection Leave to Remain Revocation of Deportation Procedural Fairness +1 more

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Parties

F. O. (No.2)

Applicant

The Minister for Justice and Equality, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Application for Leave to Seek Judicial Review

Legal Issues

  1. 1 Whether the Minister was obliged to consider new information submitted after the making of a deportation order
  2. 2 Whether failure to consider such information renders the deportation order unlawful
  3. 3 Whether an error in the notification letter regarding representations vitiates the deportation order

Ratio Decidendi

The Minister was not obliged to consider information not submitted before the deportation order was made. The failure to consider new information was due to the applicant's own inaction. There is no legal obligation on the Minister to seek representations where none have been made. The application for leave was also out of time and no good or sufficient reason for extension was established. No substantial grounds for judicial review were shown.

Court Disposition

Leave to seek judicial review refused

Orders

  • Application for leave to seek judicial review refused
  • Application for extension of time refused