M.R. (Albania) v The Minister for Justice and Equality & ors (Approved) [2020] IEHC 402 (17 August 2020)

M.R. (Albania) v The Minister for Justice and Equality & ors (Approved) [2020] IEHC 402 (17 August 2020)

Section 23(3) of the International Protection Act 2015 imposes a mandatory obligation on the Minister to establish a panel of registered medical practitioners. The absence of such a panel means that the applicant's request for a medical assessment under s. 23 could not be lawfully or fairly considered, and any process conducted without the panel is unlawful. The applicant has standing, the claim is neither premature nor out of time due to the continuing nature of the breach, and there is no acquiescence or discretionary bar to relief.

Citation
[2020] IEHC 402
Parties
Applicant: M. R. (Albania); First Respondent: The Minister for Justice and Equality; Second Respondent: The International Protection Officer; Third and Fourth Respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
17 August 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Order of Mandamus granted; declaratory and injunctive reliefs granted; stay on further processing until compliance; liberty to apply.
Legal Topics
Statutory Interpretation, International Protection Act 2015, Mandamus, Fair Procedures, Standing, Delay, Prematurity, Obligation to Implement Statutory Provisions
Administrative Law Immigration Law EU Law Statutory Interpretation International Protection Act 2015 Mandamus Fair Procedures Standing +3 more

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Parties

M. R. (Albania)

Applicant

The Minister for Justice and Equality

First Respondent

The International Protection Officer

Second Respondent

Ireland and the Attorney General

Third and Fourth Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Minister is under a mandatory obligation to establish a panel of medical practitioners under s. 23(3) of the International Protection Act 2015
  2. 2 Whether the applicant is entitled to have his request for a medical assessment under s. 23 properly considered in the context of an established panel
  3. 3 Whether the failure to establish the panel invalidates the process and breaches the applicant's rights

Ratio Decidendi

Section 23(3) of the International Protection Act 2015 imposes a mandatory obligation on the Minister to establish a panel of registered medical practitioners. The absence of such a panel means that the applicant's request for a medical assessment under s. 23 could not be lawfully or fairly considered, and any process conducted without the panel is unlawful. The applicant has standing, the claim is neither premature nor out of time due to the continuing nature of the breach, and there is no acquiescence or discretionary bar to relief.

Court Disposition

Order of Mandamus granted; declaratory and injunctive reliefs granted; stay on further processing until compliance; liberty to apply.

Orders

  • Order of mandamus that the Minister shall establish a panel under s. 23 of the International Protection Act 2015 on or before 1st December, 2020.
  • Declaration that any steps by the International Protection Officer to carry out an interview with the applicant under s. 35 without consideration of s. 35(8)(c) would be unlawful and reasons must be given for any refusal to exercise s. 35(8)(c).