Okunade & ors v Minister for Justice and Equality & ors [2018] IESC 56 (15 November 2018)

Okunade & ors v Minister for Justice and Equality & ors [2018] IESC 56 (15 November 2018)

The appeal is dismissed because the arguments regarding cooperation, effective remedy, and absence of appeal have been resolved against the applicants by subsequent jurisprudence, and the enmeshment point is not properly raised on the pleadings or supported by the facts of this case. There is no basis for granting leave to seek judicial review on these grounds.

Citation
[2018] IESC 56
Parties
Applicant/appellant: Oluwaseun Comfort Okunade; Applicant/appellant: Daniel Demiloluwa Okunade (an infant suing by his mother and next friend Oluwaseun Comfort Okunade); Respondent: Minister for Justice and Equality; Respondent: Ireland; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
15 November 2018
Procedural Posture
Appeal From Refusal of Leave to Seek Judicial Review / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Subsidiary Protection, Judicial Review, Effective Remedy, Procedural Fairness, Deportation, Right to Be Heard, Transposition of EU Directives
Immigration Law Administrative Law EU Law Subsidiary Protection Judicial Review Effective Remedy Procedural Fairness Deportation +2 more

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Parties

Oluwaseun Comfort Okunade

Applicant/appellant

Daniel Demiloluwa Okunade (an infant suing by his mother and next friend Oluwaseun Comfort Okunade)

Applicant/appellant

Minister for Justice and Equality

Respondent

Ireland

Respondent

Attorney General

Respondent

Procedural Posture

Appeal From Refusal of Leave to Seek Judicial Review / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the Irish system for subsidiary protection unlawfully 'enmeshed' applications with the deportation process
  2. 2 Whether the absence of an appeal from a refusal of subsidiary protection breached EU law or the ECHR
  3. 3 Whether judicial review constitutes an effective remedy for refusals of subsidiary protection

Ratio Decidendi

The appeal is dismissed because the arguments regarding cooperation, effective remedy, and absence of appeal have been resolved against the applicants by subsequent jurisprudence, and the enmeshment point is not properly raised on the pleadings or supported by the facts of this case. There is no basis for granting leave to seek judicial review on these grounds.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed on all grounds except the 'enmeshment' point, which is adjourned pending outcome of related appeals.