GT v Minister for Justice & Anor [No.2] (Approved) [2025] IEHC 154 (14 March 2025)

GT v Minister for Justice & Anor [No.2] (Approved) [2025] IEHC 154 (14 March 2025)

There is no statutory or EU law requirement that a person is entitled to remain in the State pending the determination of an appeal under s. 22(8) of the International Protection Act 2015. The existence of a pending appeal does not, of itself, ground the grant of an injunction restraining deportation where no challenge is maintained to the validity of the deportation order. The proceedings, in substance, amount to a collateral attack on the deportation order and are subject to the procedural requirements and time limits of s. 5 of the Illegal Immigrants (Trafficking) Act 2000. The applicant failed to demonstrate new elements or findings significantly increasing the likelihood of...

Citation
[2025] IEHC 154
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
14 March 2025
Procedural Posture
Judicial Review / Application for Interlocutory Injunction Pending Appeal Under S. 22(8) International Protection Act 2015
Outcome
Injunction refused; application dismissed.
Legal Topics
International Protection, Deportation, Subsequent Asylum Applications, Safe Country of Origin, Injunctive Relief, Procedural Fairness
Immigration Law Administrative Law Human Rights Law International Protection Deportation Subsequent Asylum Applications Safe Country of Origin Injunctive Relief +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 Interlocutory 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 maintained to the validity of the deportation order.
  2. 2 Whether the 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 there is a right to remain in the State pending the determination of an appeal under s. 22(8) of the 2015 Act.

Ratio Decidendi

There is no statutory or EU law requirement that a person is entitled to remain in the State pending the determination of an appeal under s. 22(8) of the International Protection Act 2015. The existence of a pending appeal does not, of itself, ground the grant of an injunction restraining deportation where no challenge is maintained to the validity of the deportation order. The proceedings, in substance, amount to a collateral attack on the deportation order and are subject to the procedural requirements and time limits of s. 5 of the Illegal Immigrants (Trafficking) Act 2000. The applicant failed to demonstrate new elements or findings significantly increasing the likelihood of...

Court Disposition

Injunction refused; application dismissed.

Orders

  • Refusal of interlocutory injunction restraining deportation pending s. 22(8) appeal.
  • No order for release from custody pending appeal.