A. W. K. v The Minister for Justice & Equality & ors (Approved) [2020] IESC 10 (23 March 2020)

A. W. K. v The Minister for Justice & Equality & ors (Approved) [2020] IESC 10 (23 March 2020)

A review decision under s. 49(7) of the International Protection Act 2015 is not a separate decision for the purposes of s. 5(1)(oi) of the Illegal Immigrants (Trafficking) Act 2000; it is subsumed within the original s. 49(4)(b) decision, and thus the restrictive judicial review time limits apply. The appeal is dismissed as the proceedings were out of time.

Citation
[2020] IESC 10
Parties
Applicant/appellant: A. W. K. (Pakistan); Respondent: The Minister for Justice and Equality; Respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
23 March 2020
Procedural Posture
Judicial Review Appeal / Supreme Court Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
International Protection Act 2015, Permission to Remain, Judicial Review Time Limits, Statutory Construction
Immigration Law Statutory Interpretation International Protection Act 2015 Permission to Remain Judicial Review Time Limits Statutory Construction

Case Brief

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Parties

A. W. K. (Pakistan)

Applicant/appellant

The Minister for Justice and Equality

Respondent

Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether a review decision under s. 49(7) of the International Protection Act 2015 is captured by s. 5(1)(oi) of the Illegal Immigrants (Trafficking) Act 2000, thus subject to the 28-day judicial review time limit.

Ratio Decidendi

A review decision under s. 49(7) of the International Protection Act 2015 is not a separate decision for the purposes of s. 5(1)(oi) of the Illegal Immigrants (Trafficking) Act 2000; it is subsumed within the original s. 49(4)(b) decision, and thus the restrictive judicial review time limits apply. The appeal is dismissed as the proceedings were out of time.

Court Disposition

Appeal dismissed

Orders

  • Decision of the High Court affirmed.