MYA -v- Refugee Applications Commissioner [2016] IEHC 647 (14 November 2016)

MYA -v- Refugee Applications Commissioner [2016] IEHC 647 (14 November 2016)

The preparation of a draft report by a contractor is not the exercise of a statutory function and does not require express statutory authorisation; the commissioner's use of contractors for assistance in preparing draft materials is lawful and does not provide substantial grounds for judicial review.

Citation
[2016] IEHC 647
Parties
Applicant: M. Y. A.; Respondent: Refugee Applications Commissioner; Applicant: M. J.; Applicant: I. G.; Applicant: X. G.; Applicant: F. G.
Jurisdiction
Ireland
Judgment Date
14 November 2016
Procedural Posture
Judicial Review / Application for Leave
Outcome
application for leave refused
Legal Topics
Delegation of Statutory Functions, Asylum Procedure, Use of Contractors in Public Administration
Immigration Law Administrative Law Delegation of Statutory Functions Asylum Procedure Use of Contractors in Public Administration

Case Brief

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Parties

M. Y. A.

Applicant

Refugee Applications Commissioner

Respondent

M. J.

Applicant

I. G.

Applicant

X. G.

Applicant

F. G.

Applicant

Procedural Posture

Judicial Review / Application for Leave

Legal Issues

  1. 1 Whether the Refugee Applications Commissioner can lawfully delegate the preparation of a draft investigation report to a contractor
  2. 2 Whether such delegation requires express statutory authorisation

Ratio Decidendi

The preparation of a draft report by a contractor is not the exercise of a statutory function and does not require express statutory authorisation; the commissioner's use of contractors for assistance in preparing draft materials is lawful and does not provide substantial grounds for judicial review.

Court Disposition

application for leave refused

Orders

  • application for leave refused in each case
  • matter adjourned to enable applicants to consider any application for leave to appeal, which if made should be on notice to the respondents