AM v The Minister for Justice and Equality

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr Justice Max Barrett
• Judgment Date: 03 April 2019
• Neutral Citation: [2019] IEHC 227
• Docket Number: 2017 No. 570 JR
• Date: 03 April 2019

IN THE MATTER OF SECTION 3 OF THE IMMIGRATION ACT, 1999, THE CONSTITUTION, THE EUROPEAN CONVENTION ON HUMAN RIGHTS, AND THE EUROPEAN CONVENTION ON HUMAN RIGHTS ACT 2003

Between:

AM, VM

&

ZM (A MINOR SUING THROUGH HIS MOTHER AND NEXT FRIEND VM)

Applicants

– and –

THE MINISTER FOR JUSTICE AND EQUALITY

Respondent

[2019] IEHC 227

2017 No. 570 JR

THE HIGH COURT

Leave to appeal – Points of law – Exceptional public importance – Respondent seeking leave to appeal High Court decision – Whether there were points of law of exceptional public importance presenting

Facts: The respondent, the Minister for Justice and Equality, pursuant to s. 5 of the Illegal Immigrants (Trafficking) Act 2000, sought leave to appeal the High Court’s decision in AM and ors v MJE [2019] IEHC 35 (the principal judgment) on the basis of any/all of the following points of law: (1) In reaching a decision to deport pursuant to s. 3 of the Immigration Act 2009, is the Minister obliged to expressly state that he is or is not exercising his discretion to grant humanitarian leave to remain having considered the factors set out in s. 3? (2) In reaching a decision to refuse to revoke a deportation order, pursuant to s. 3(11) of the 2009 Act, is the Minister obliged to expressly state that he is or is not exercising his discretion to grant humanitarian leave to remain? (3) In the absence of evidence that the Minister did not give the person concerned an opportunity to make submissions in accordance with the statute or did not consider those submissions, is that aspect of the Minister’s decision (either to deport or to refuse to revoke the deportation order) wherein the Minister is considering whether humanitarian leave to remain should be granted in all the circumstances reviewable by the courts? (4) Is the Minister entitled to refuse to revoke a deportation order where family members have delayed in making protection applications and the family members are therefore at different stages of the process and the deportation of some family members will result in the sundering of the family unit? (5) Is the Minister entitled to have regard to the unlawful long-term residence of an applicant in the State in reaching a decision to deport under s. 3(6) and in refusing a humanitarian leave to remain or in reaching a decision to refuse to revoke a deportation order?

Held by Barrett J that there was no point of law of exceptional public importance presenting and even if there were, the relevant law does not stand in such a state of uncertainty as to make it desirable in the public interest that an appeal be taken. Additionally, Barrett J held that none of the questions, however answered on appeal, would be determinative of these proceedings.

Barrett J held that leave to appeal would be refused.

Leave to appeal refused.

JUDGMENT of Mr Justice Max Barrett delivered on 3rd April, 2019.

1 Pursuant to s.5 of the Illegal Immigrants (Trafficking) Act 2000, as amended, the respondent seeks leave to appeal the court's decision in AM and ors v. MJE [2019] IEHC 35 (the “Principal...