Izevbekhai & ors -v- Minister for Justice Equality & Law Reform [2010] IESC 303 (09 July 2010)

Izevbekhai & ors -v- Minister for Justice Equality & Law Reform [2010] IESC 303 (09 July 2010)

Regulation 4(2) of S.I. No. 518/2006 does not confer on the Minister discretion to reopen or reconsider deportation orders made prior to 10 October 2006 in response to an application for subsidiary protection; neither national law nor EU law requires such discretion.

Citation
[2010] IESC 303
Parties
Applicant/appellant: Enitan Pamela Izevbekhai; Applicant/appellant: Naomi Alero Izevbekhai (A Minor); Applicant/appellant: Jemima Temisanre Izevbekhai (A Minor); Respondent: Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
09 July 2010
Procedural Posture
Judicial Review Appeal / Ruling on Preliminary Issue
Outcome
Preliminary issue decided against the applicants; Minister has no discretion under Regulation 4(2) to reconsider prior deportation orders for subsidiary protection.
Legal Topics
Subsidiary Protection, Deportation Orders, Interpretation of EU Directives, Ministerial Discretion
Immigration Law European Union Law Administrative Law Subsidiary Protection Deportation Orders Interpretation of EU Directives Ministerial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Enitan Pamela Izevbekhai

Applicant/appellant

Naomi Alero Izevbekhai (A Minor)

Applicant/appellant

Jemima Temisanre Izevbekhai (A Minor)

Applicant/appellant

Minister for Justice, Equality and Law Reform

Respondent

Procedural Posture

Judicial Review Appeal / Ruling on Preliminary Issue

Legal Issues

  1. 1 Does Regulation 4(2) of S.I. No. 518/2006 confer discretion on the Minister to reconsider deportation orders made prior to 10 October 2006 for subsidiary protection?
  2. 2 Does Council Directive 2004/83/EC require Member States to allow reconsideration of prior deportation orders for subsidiary protection?

Ratio Decidendi

Regulation 4(2) of S.I. No. 518/2006 does not confer on the Minister discretion to reopen or reconsider deportation orders made prior to 10 October 2006 in response to an application for subsidiary protection; neither national law nor EU law requires such discretion.

Court Disposition

Preliminary issue decided against the applicants; Minister has no discretion under Regulation 4(2) to reconsider prior deportation orders for subsidiary protection.

Orders

  • Regulation 4(2) does not confer discretion to reconsider deportation orders made prior to 10 October 2006.
  • Appeal on preliminary issue dismissed.