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

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

A review decision under s.49(7) of the International Protection Act 2015 is not a separate decision but is absorbed within the original s.49(4)(b) refusal; therefore, it is captured by s.5(1)(oi) of the Illegal Immigrants (Trafficking) Act 2000 and subject to its time limits for judicial review.

Citation
[2020] IESC 10
Parties
Applicant/appellant: A. W. K.; Respondent: The Minister for Justice and Equality; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
23 March 2020
Procedural Posture
Judicial Review / Appeal to Supreme 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.

Applicant/appellant

The Minister for Justice and Equality

Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Judicial Review / Appeal to Supreme Court

Legal Issues

  1. 1 Whether a review decision under s.49(7) of the International Protection Act 2015 is captured by s.5 of the Illegal Immigrants (Trafficking) Act 2000 for judicial review time limits
  2. 2 Statutory interpretation of s.49 and s.5 provisions

Ratio Decidendi

A review decision under s.49(7) of the International Protection Act 2015 is not a separate decision but is absorbed within the original s.49(4)(b) refusal; therefore, it is captured by s.5(1)(oi) of the Illegal Immigrants (Trafficking) Act 2000 and subject to its time limits for judicial review.

Court Disposition

Appeal dismissed

Orders

  • Decision of High Court affirmed
  • Proceedings out of time under s.5 of the Illegal Immigrants (Trafficking) Act 2000