P.N.S. and anor v The Minister for Justice & Equality & ors (Approved) [2020] IESC 11 (31 March 2020)

P.N.S. and anor v The Minister for Justice & Equality & ors (Approved) [2020] IESC 11 (31 March 2020)

Proceedings seeking to restrain enforcement of a deportation order, even if not directly challenging its validity, are in substance a collateral attack and are subject to the procedural requirements of s. 5 of the Illegal Immigrants (Trafficking) Act 2000. The IPO's recommendation under s. 22 of the 2015 Act is a...

Source-derived case information.

Citation
[2020] IESC 11
Parties
Applicant/appellant: P. N. S. (Cameroon); Applicant/appellant: K. J. M. (D. R. Congo); Respondent: The Minister for Justice & Equality; Respondent: Ireland; Respondent: The Attorney General
Jurisdiction
Ireland
Judgment Date
31 March 2020
Procedural Posture
Judicial Review Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Deportation Orders, Right to Remain Pending Decision, Interpretation of EU Directives, Judicial Review Procedure, Discretionary Relief, Collateral Attack Doctrine
Immigration Law Administrative Law European Union Law Deportation Orders Right to Remain Pending Decision Interpretation of EU Directives Judicial Review Procedure Discretionary Relief +1 more

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Parties

P. N. S. (Cameroon)

Applicant/appellant

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

Applicant/appellant

The Minister for Justice & Equality

Respondent

Ireland

Respondent

The Attorney General

Respondent

Procedural Posture

Judicial Review Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether proceedings challenging enforceability of a deportation order are captured by s. 5 of the Illegal Immigrants (Trafficking) Act 2000
  2. 2 Whether a recommendation by the International Protection Office (IPO) is a 'decision at first instance' under Article 7(1) of Council Directive 2005/85/EC
  3. 3 Whether discretionary relief can be refused in judicial review proceedings based on applicant's conduct

Ratio Decidendi

Proceedings seeking to restrain enforcement of a deportation order, even if not directly challenging its validity, are in substance a collateral attack and are subject to the procedural requirements of s. 5 of the Illegal Immigrants (Trafficking) Act 2000. The IPO's recommendation under s. 22 of the 2015 Act is a 'decision at first instance' under Article 7(1) of the Procedures Directive, and the right to remain ceases at that point. Discretionary relief may be refused where the applicant has abused the immigration process.

Court Disposition

Appeal dismissed

Orders

  • Injunction restraining deportation discharged
  • No leave to appeal to Court of Appeal granted