P. (D.) v. Governor of the Training Unit [2000] IEHC 104; [2001] 1 IR 492 (18th August, 2000)

P. (D.) v. Governor of the Training Unit [2000] IEHC 104; [2001] 1 IR 492 (18th August, 2000)

The applicant failed to meet the low threshold for leave to apply for judicial review because any failure to receive notice of the deportation order was due to his own failure to notify a change of address, the statutory notice provisions are constitutionally valid, and the statutory scheme provides adequate safeguards for access to the courts and legal advice. The applicant is not entitled to remain in the State to pursue a civil claim, and the court's inherent jurisdiction to grant bail is not ousted by the Act.

Citation
[2001] 1 IR 492
Parties
Applicant: [Name Redacted]; Respondents: Minister for Justice, Equality and Law Reform & Ors
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused; all reliefs sought refused.
Legal Topics
Deportation, Judicial Review, Habeas Corpus, Notice Requirements, Bail, False Imprisonment, Constitutionality of Statutes
Immigration Law Constitutional Law Administrative Law Deportation Judicial Review Habeas Corpus Notice Requirements Bail +2 more

Case Brief

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Parties

[Name Redacted]

Applicant

Minister for Justice, Equality and Law Reform & Ors

Respondents

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the applicant's detention and deportation were lawful under the Immigration Act, 1999 and the Constitution
  2. 2 Whether failure to notify a change of address invalidates notice under the Act
  3. 3 Whether the statutory notice provisions are unconstitutional or contrary to the European Convention on Human Rights

Ratio Decidendi

The applicant failed to meet the low threshold for leave to apply for judicial review because any failure to receive notice of the deportation order was due to his own failure to notify a change of address, the statutory notice provisions are constitutionally valid, and the statutory scheme provides adequate safeguards for access to the courts and legal advice. The applicant is not entitled to remain in the State to pursue a civil claim, and the court's inherent jurisdiction to grant bail is not ousted by the Act.

Court Disposition

Leave to apply for judicial review refused; all reliefs sought refused.

Orders

  • Application for leave to apply for judicial review refused.
  • Application for bail refused.