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Northern Ireland Case Law

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Human rights law [2025] NIKB 3

Mitchell, , Re Application for Judicial Review

Mitchell, , Re Application for Judicial Review [2025] NIKB 3 (20 January 2025)

Leave for judicial review was refused in a challenge over survivor’s pension rules excluding an unmarried cohabiting partner. The court found the claim out of time and unlikely to succeed.

  • Article 14 echr
  • Article 1 of the first protocol echr
  • Article 8 echr
  • Discrimination
  • Survivor's pension
  • Judicial review
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Immigration law [2023] NIKB 87

JR265, Re Application for Judicial Review

JR265, Re Application for Judicial Review [2023] NIKB 87 (11 September 2023)

Leave for judicial review was dismissed as academic after the refugee differentiation policy was paused and no ongoing practical disadvantage remained.

  • Nationality and borders act 2022
  • Differentiation of refugee status
  • Article 8 echr
  • Article 14 echr
  • Standing in judicial review
  • Academic proceedings
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Immigration law [2023] NICA 49

Said v Secretary of State for the Home Department

Said v Secretary of State for the Home Department [2023] NICA 49 (04 September 2023)

The Court of Appeal in Northern Ireland held that a failed asylum seeker with further submissions was not entitled to an ARC, and dismissed claims based on fettered discretion and Articles 8 and 14 ECHR.

  • Application registration card (arc)
  • Immigration rules
  • Discretionary powers
  • Reception directive
  • Article 8 echr
  • Article 14 echr
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Public law [2023] NIKB 109

JR130, Application for Judicial Review (Rev1)

JR130, Application for Judicial Review (Rev1) [2023] NIKB 109 (28 June 2023)

Judicial review over Covid-19 restrictions on outdoor children's sport was dismissed. The court found Article 8 engaged but justified, with no Article 14 or section 75 breach.

  • Covid-19 restrictions
  • Children's rights
  • Outdoor sports
  • Article 8 echr
  • Article 14 echr
  • Section 75 northern ireland act 1998
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Public law [2023] NICA 28

O'Murchu, Application for Judicial Review

O'Murchu, Application for Judicial Review [2023] NICA 28 (16 May 2023)

The Court of Appeal in Northern Ireland refused leave to challenge the Covid Status Certification Scheme, holding the measures lawful, justified, and proportionate.

  • Covid-19 regulations
  • Judicial review
  • Proportionality
  • Legitimate aim
  • Article 8 echr
  • Article 14 echr
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Public law [2023] NIKB 38

McCormick, Re Application for Judicial Review

McCormick, Re Application for Judicial Review [2023] NIKB 38 (31 March 2023)

The High Court refused leave for judicial review of the Northern Ireland Prison Service’s 2022 temporary release scheme, finding no unlawful fettering, irrationality, or discrimination.

  • Temporary release from prison
  • Fettering of discretion
  • Irrationality (wednesbury unreasonableness)
  • Equal treatment
  • Article 8 echr
  • Article 14 echr
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Immigration law [2023] NIKB 1

SAID, Re Application for Judicial Review

SAID, Re Application for Judicial Review [2023] NIKB 1 (09 January 2023)

The High Court in Northern Ireland dismissed Abdul Said’s judicial review challenge to the refusal of an asylum registration card, finding the decision lawful and Convention-compliant.

  • Asylum
  • Application registration card (arc)
  • Failed asylum seekers
  • Discretionary support
  • Article 8 echr
  • Article 14 echr
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Administrative law [2022] NIKB 21

JR176(2), Re Application for Judicial Review

JR176(2), Re Application for Judicial Review [2022] NIKB 21 (28 October 2022)

The High Court refused judicial review of NI IVF eligibility criteria, holding they did not unlawfully discriminate against a same-sex male couple and were justified.

  • Discrimination
  • Sexual orientation
  • Ivf eligibility
  • Surrogacy
  • Public funding
  • Article 8 echr
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Social security law [2022] NIQB 29

RK, Re Application for Judicial Review

RK, Re Application for Judicial Review [2022] NIQB 29 (25 April 2022)

Challenge to Universal Credit rules treating Maternity Allowance differently from Statutory Maternity Pay failed. The court held the distinction was justified and dismissed judicial review.

  • Universal credit
  • Maternity allowance
  • Statutory maternity pay
  • Article 14 echr
  • Discrimination
  • Means testing
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Public law [2022] NIQB 28

Larkin, Re Application for Judicial Review

Larkin, Re Application for Judicial Review [2022] NIQB 28 (14 April 2022)

The High Court refused leave for judicial review over compassionate temporary release decisions concerning a prisoner's mother’s funeral and hospital visit.

  • Compassionate temporary release
  • Article 8 echr
  • Article 14 echr
  • Section 75 northern ireland act 1998
  • Discrimination
  • Data protection
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About this LexChat collection

Northern Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.