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

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

Proceedings seeking to restrain enforcement of a deportation order, even if framed as challenging enforceability rather than validity, are in substance a challenge to the order's validity and are subject to the procedural requirements of s. 5 of the Illegal Immigrants (Trafficking) Act 2000. The recommendation of...

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 / Supreme Court Appeal
Outcome
Appeal dismissed
Legal Topics
Deportation Orders, Right to Remain Pending Decision, Interpretation of EU Directives, Judicial Review Procedures, Discretionary Relief, Collateral Attack Doctrine
Immigration Law European Union Law Administrative Law Deportation Orders Right to Remain Pending Decision Interpretation of EU Directives Judicial Review Procedures 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 / Supreme Court Appeal

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 Officer (IPO) under s. 22 of the International Protection Act 2015 constitutes a 'decision at first instance' under Article 7(1) of Council Directive 2005/85/EC
  3. 3 Whether the High Court may refuse relief on discretionary grounds in judicial review proceedings asserting EU law rights

Ratio Decidendi

Proceedings seeking to restrain enforcement of a deportation order, even if framed as challenging enforceability rather than validity, are in substance a challenge to the order's validity and are subject to the procedural requirements of s. 5 of the Illegal Immigrants (Trafficking) Act 2000. The recommendation of the International Protection Officer under s. 22 of the International Protection Act 2015 is the 'decision at first instance' for the purposes of Article 7(1) of Council Directive 2005/85/EC, and the right to remain ceases at that point. Relief may be refused on discretionary grounds where the applicant has abused the immigration process.

Court Disposition

Appeal dismissed

Orders

  • Injunction restraining deportation discharged
  • No relief granted to the applicant