Thompson [A Minor] v Health Service Executive (Approved) [2025] IEHC 156 (05 March 2025)

Thompson [A Minor] v Health Service Executive (Approved) [2025] IEHC 156 (05 March 2025)

The existence of a pending appeal under s. 22(8) of the International Protection Act 2015 does not, in itself, entitle an applicant to remain in the State or ground the grant of an injunction restraining deportation where no challenge is made to the validity of the deportation order. The relief sought constitutes a collateral attack on the deportation order and is subject to the procedural requirements and time limits of s. 5 of the Illegal Immigrants (Trafficking) Act 2000. No sufficient basis was established for injunctive relief.

Citation
[2025] IEHC 156
Parties
Applicant: G. T.; Respondents: Minister for Justice and the Commissioner of An Garda Síochána; Notice Party: International Protection Appeals Tribunal
Jurisdiction
Ireland
Judgment Date
05 March 2025
Procedural Posture
Judicial Review / Application for Injunction Pending Appeal Under S. 22(8) International Protection Act 2015
Outcome
Application for injunction refused
Legal Topics
International Protection, Deportation, Subsequent Protection Applications, Injunctions, Safe Country of Origin, Procedural Fairness
Immigration Law Administrative Law Human Rights Law International Protection Deportation Subsequent Protection Applications Injunctions Safe Country of Origin +1 more

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Parties

G. T.

Applicant

Minister for Justice and the Commissioner of An Garda Síochána

Respondents

International Protection Appeals Tribunal

Notice Party

Procedural Posture

Judicial Review / Application for Injunction Pending Appeal Under S. 22(8) International Protection Act 2015

Legal Issues

  1. 1 Whether the existence of a pending appeal under s. 22(8) of the International Protection Act 2015 grounds the grant of an injunction restraining deportation where no challenge is made to the validity of the deportation order.
  2. 2 Whether such proceedings amount to a collateral attack on the deportation order and are subject to s. 5 of the Illegal Immigrants (Trafficking) Act 2000.
  3. 3 Whether the applicant is entitled to remain in the State pending the outcome of the s. 22(8) appeal.

Ratio Decidendi

The existence of a pending appeal under s. 22(8) of the International Protection Act 2015 does not, in itself, entitle an applicant to remain in the State or ground the grant of an injunction restraining deportation where no challenge is made to the validity of the deportation order. The relief sought constitutes a collateral attack on the deportation order and is subject to the procedural requirements and time limits of s. 5 of the Illegal Immigrants (Trafficking) Act 2000. No sufficient basis was established for injunctive relief.

Court Disposition

Application for injunction refused

Orders

  • Refusal to grant injunction restraining deportation pending s. 22(8) appeal
  • Applicant remains subject to deportation order