P.N.S. (Cameroon) v The Minister for Justice and Equality & ors; K.J.M. (D.R. Congo) v The Minister for Justice and Equality & ors (Approved) [2018] IEHC 504 (16 July 2018)

P.N.S. (Cameroon) v The Minister for Justice and Equality & ors; K.J.M. (D.R. Congo) v The Minister for Justice and Equality & ors (Approved) [2018] IEHC 504 (16 July 2018)

Applicants have no right to remain in the State under EU or Irish law after the IPO has made a recommendation on a re-application for international protection. The right to remain under art. 7(1) of the Procedures Directive applies only until the IPO's first instance decision. Appeals to the IPAT or judicial review do not confer a right to remain. Applications to revoke deportation orders are not suspensive. Injunctive or declaratory relief to restrain deportation is not warranted absent exceptional circumstances, and the applicants' claims are either out of time, abusive, or unsupported by law.

Citation
[2018] IEHC 504
Parties
Applicant: P. N. S. (Cameroon); Applicant: K. J. M. (D. R. Congo); Respondents: The Minister for Justice and Equality, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
16 July 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
proceedings dismissed
Legal Topics
Right to Remain Pending Asylum Re Application, International Protection Act 2015 S.22, Procedures Directive 2005/85/ec, Deportation Orders, Revocation of Deportation, Effective Remedy Under EU Law, Discretion in Judicial Review, Parentage of Irish Citizen Child
Immigration Law EU Law Administrative Law Right to Remain Pending Asylum Re Application International Protection Act 2015 S.22 Procedures Directive 2005/85/ec Deportation Orders Revocation of Deportation +3 more

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Parties

P. N. S. (Cameroon)

Applicant

K. J. M. (D. R. Congo)

Applicant

The Minister for Justice and Equality, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether applicants have a right to remain in the State pending appeal or refusal of a re-application for international protection under s.22 of the International Protection Act 2015
  2. 2 Whether a right to remain exists pending a decision on an application for residency based on parentage of an Irish citizen child
  3. 3 Whether an application to revoke a deportation order is suspensive

Ratio Decidendi

Applicants have no right to remain in the State under EU or Irish law after the IPO has made a recommendation on a re-application for international protection. The right to remain under art. 7(1) of the Procedures Directive applies only until the IPO's first instance decision. Appeals to the IPAT or judicial review do not confer a right to remain. Applications to revoke deportation orders are not suspensive. Injunctive or declaratory relief to restrain deportation is not warranted absent exceptional circumstances, and the applicants' claims are either out of time, abusive, or unsupported by law.

Court Disposition

proceedings dismissed

Orders

  • The proceedings in each case are dismissed.
  • The injunction restraining deportation is discharged.