Cosma v Minister for Justice Equality and Law Reform

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: Mr Justice McCracken
• Judgment Date: 10 July 2006
• Neutral Citation: [2006] IESC 44
• Date: 10 July 2006
• Docket Number: [2003 No. 783 JR & S.C. No.

COSMA v MIN FOR JUSTICE

BETWEEN:

LIDIA COSMA

APPLICANT/APPELLANT

.v.

THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

RESPONDENT

[2006] IESC 44

McCracken J.

Kearns J.

Macken J.

Record No. 154/2006

THE SUPREME COURT

PRACTICE AND PROCEDURE:

Appeal

Interlocutory relief pending appeal - Injunction restraining implementation of deportation order - Whether applicant entitled to stay on implementation of deportation order that had been deemed valid by an unappealable decision of High Court - Rules of the Superior Courts 1986 (SI15/1986), O 58, r 18 - Application dismissed (154/2006 - SC - 10/7/2006) [2006] IESC 44

C (L) v Minister for Justice, Equality and Law Reform

Facts: This was a challenge by way of judicial review to the refusal by the respondent to revoke a deportation order under s. 3(11) of the Immigration Act 1999. The provisions of s. 5(3) of the Illegal Immigrants (Trafficking) Act 2000 did not apply. The issue in the appeal was whether the respondent ought to have revoked the deportation order but the validity of the order itself was not being and could not be challenged in the appeal. The applicant applied for an injunction restraining the deportation pending the determination of the appeal.

Held by the Supreme Court (McCracken, Kearns and Macken JJ) in refusing the relief sought that the decision being appealed from was a decision made under s. 3(11) not to revoke the deportation order and there was no appeal in relation to the deportation order itself. If the Court were to grant an injunction the effect would be to thwart the operation of a perfectly valid deportation order and would prevent the operation of a perfectly valid and unappealable High Court order.

Reporter: R.W.

IMMIGRATION ACT 1999 S3(11)

ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5

ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5(3)

RSC O.58 r18

1 Judgment of Mr Justice McCrackendelivered the 10th day of July 2006

2 This is a motion brought by the appellant to the Supreme Court seeking the following reliefs:

3 2 "1. Directions for the hearing of an application for an interlocutory injunction.

4 2. An interim injunction restraining the respondent, his servants or agents from executing a deportation order over the applicant pending the outcome of an application for an interlocutory injunction.

5 3. An interlocutory injunction restraining the respondent, his servants or agents from executing a deportation order over the applicant pending the determination of the appeal in this matter by this honourable court.

6 4. A declaration that section 3(11) of the Immigration Act 1999 is not governed by section 5 of the Illegal Immigrants (Trafficking) Act 2000 and therefore that the applicant does and did not require a certificate from a High Court judge in order to institute an appeal before the Supreme Court and has an unfettered right to appeal an order of the High Court.

7 5. Directions for the hearing of the appeal in this matter.

8 6. Further or other relief.

9 7. Liberty to apply.

10 8. Costs."

11 In argument before...