Bundhooa v The Minister for Justice and Equality
Jurisdiction | Ireland |
Court | High Court |
Judge | Mr Justice Max Barrett |
Judgment Date | 05 March 2019 |
Neutral Citation | [2019] IEHC 132 |
Date | 05 March 2019 |
Docket Number | 2016 No. 782 JR |
[2019] IEHC 132
THE HIGH COURT
Barrett J.
2016 No. 782 JR
Immigration – Section 4 permission to remain – Executive discretion – Applicant seeking leave to appeal – Whether a person whose permission to remain has expired and was previously granted under s. 4 of the Immigration Act 2004 can apply to remain in the State
Facts: The applicant, Ms Bundhooa, pursuant to s. 5 of the Illegal Immigrants (Trafficking) Act 2000, applied to the High Court seeking leave to appeal the decision in Bundhooa v MJE [2018] IEHC 756. The decision concerned a narrow issue arising under s. 4(7) of the Immigration Act 2004, viz. whether a person could seek a renewal/extension of a non-extant s. 4 permission where a previous s. 4 permission was obtained through fraud. The proceedings which led to the decision did not concern executive discretion. Her application fell to be determined in line with Glancré Teoranta v An Bord Pleanála [2006] IEHC 250, as supplemented in the immigration field by S.A. v MJE [2016] IEHC 646. The following points were proposed: Can a person whose permission to remain has expired and was previously granted under s. 4 of the 2004 Act apply to remain in the State? Is the Minister obliged to consider an application for a permission to remain, under a residual executive discretion when that application was made only with reference to s.4 of the 2004 Act? At the leave to appeal hearing, Ms Bundhooa: (i) invoked Luximon & ors v MJE [2018] IESC 24 and Sulaimon v Minister for Justice [2012] IESC 63; (ii) sought to elide the distinction between permission to reside on ‘Stamp 2’/’Stamp 4’ conditions on the basis that both issue under s. 4 of the 2004 Act; (iii) submitted that her application was for a time listed in the ‘Luximon List’ and that the court has limited the application of Luximon (and Balchand, also at [2018] IESC 24). The parties referred the court to Lin v MJE (No. 2) [2019] IEHC 73 as a decision of possible interest.
Held by Barrett J that the decision did not involve any point of law of exceptional public importance.
Barrett J held that he would decline to grant the leave sought.
Leave to appeal refused.
Pursuant to s.5 of the Illegal Immigrants (Trafficking) Act 2000, as amended, Ms Bundhooa seeks leave to appeal the decision in Bundhooa v. MJE [2018] IEHC 756 (the “Decision”). Her application falls to be determined in line with Glancré Teoranta...
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