Bode (A Minor) -v- Minister for Justice, Equality & Law Reform & Ors [2007] IESC 62 (20 December 2007)

Bode (A Minor) -v- Minister for Justice, Equality & Law Reform & Ors [2007] IESC 62 (20 December 2007)

The IBC 05 Scheme was an administrative, ex gratia scheme outside statutory entitlement; refusal under the scheme did not breach constitutional or Convention rights, as such rights would be considered in any subsequent deportation proceedings. The Minister's discretion was not unlawfully fettered, and fair procedures did not require further opportunity to provide evidence within the scheme. The High Court erred in quashing the Minister's decision on constitutional and Convention grounds.

Citation
[2007] IESC 62
Parties
Applicant/respondent: Deborah Olarantimi Bode (a minor suing by her father and next friend Folajimi Bode); Applicant/respondent: Folajimi Bode; Applicant/respondent: Caroline Ola-Bode; Respondent/appellant: Minister for Justice, Equality and Law Reform; Amicus Curiae: Human Rights Commission; Notice Party: Attorney General
Jurisdiction
Ireland
Judgment Date
20 December 2007
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Judicial Review, Executive Discretion, Family Rights, Residency Schemes, Fair Procedures, European Convention on Human Rights
Constitutional Law Administrative Law Immigration Law Human Rights Law Judicial Review Executive Discretion Family Rights Residency Schemes +2 more

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Parties

Deborah Olarantimi Bode (a minor suing by her father and next friend Folajimi Bode)

Applicant/respondent

Folajimi Bode

Applicant/respondent

Caroline Ola-Bode

Applicant/respondent

Minister for Justice, Equality and Law Reform

Respondent/appellant

Human Rights Commission

Amicus Curiae

Attorney General

Notice Party

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the Minister's refusal under the IBC 05 Scheme breached constitutional and Convention rights of applicants
  2. 2 Whether fair procedures were afforded in the administrative scheme
  3. 3 Scope of judicial review over executive administrative schemes

Ratio Decidendi

The IBC 05 Scheme was an administrative, ex gratia scheme outside statutory entitlement; refusal under the scheme did not breach constitutional or Convention rights, as such rights would be considered in any subsequent deportation proceedings. The Minister's discretion was not unlawfully fettered, and fair procedures did not require further opportunity to provide evidence within the scheme. The High Court erred in quashing the Minister's decision on constitutional and Convention grounds.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • High Court order of certiorari quashing Minister's refusal under IBC 05 Scheme set aside
  • Application under IBC 05 Scheme remains refused