S.A.A.E. -v- Minister for Justice and Equality (Rev 1) [2016] IEHC 573 (19 October 2016)

S.A.A.E. -v- Minister for Justice and Equality (Rev 1) [2016] IEHC 573 (19 October 2016)

An applicant who fails to furnish an address cannot rely on that failure to challenge the making or service of a deportation order; such conduct amounts to waiver of rights and justifies the exercise of judicial discretion to refuse leave for judicial review.

Citation
[2016] IEHC 573
Parties
Applicant: S. A. A. E.; Respondent: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
19 October 2016
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
application for leave to apply for judicial review dismissed
Legal Topics
Deportation Orders, Service of Notice, Waiver of Rights, Judicial Review Discretion
Immigration Law Administrative Law Deportation Orders Service of Notice Waiver of Rights Judicial Review 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 8 Party arguments 2
Sign in to unlock

Parties

S. A. A. E.

Applicant

Minister for Justice and Equality

Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether failure to furnish an address precludes the Minister from making a deportation order
  2. 2 Whether failure to furnish an address constitutes waiver of rights
  3. 3 Whether failure to engage with the system is a ground for refusal of the application on discretionary grounds

Ratio Decidendi

An applicant who fails to furnish an address cannot rely on that failure to challenge the making or service of a deportation order; such conduct amounts to waiver of rights and justifies the exercise of judicial discretion to refuse leave for judicial review.

Court Disposition

application for leave to apply for judicial review dismissed

Orders

  • Application for leave to apply for judicial review dismissed.
  • Applicant to be heard on any application for leave to appeal, which if made, should be on notice to the respondent.