Cosma v Minister for Justice Equality and Law Reform

JurisdictionIreland
JudgeMr Justice McCracken
Judgment Date10 July 2006
Neutral Citation[2006] IESC 44
Date10 July 2006
CourtSupreme Court
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.

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."

1...

To continue reading

Request your trial
47 cases
  • Akujobi and Another v Minister for Justice
    • Ireland
    • High Court
    • 12 January 2007
    ... ... Akujobi & Anor. v Minister for Justice, Equality and Law Reform JUDCIAL REVIEW IN THE MATTER OF THE IMMIGRATION ... 138 In Cosma v. Minister for Justice, Equality and Law Reform the Supreme Court, unreported, 10 th July, ... ...
  • KRA [No 4] v Minister for Justice and Equality
    • Ireland
    • High Court
    • 28 November 2016
    ...appear to have been opened to the Supreme Court in Okunade. I note in passing that in relation to the Court of Appeal decision in Chigaru, Cosma was relied on in the respondents' written submissions (at pp. 6 to 7) but the decision is not mentioned in the judgment of Hogan J., possibly beca......
  • PO v Minister for Justice
    • Ireland
    • Supreme Court
    • 16 July 2015
    ...circumstances, the position of the Minister was that, having regard to the decision of this Court in L.C. v. Minister for Justice [2007] 2 I.R. 133, the Court should not grant an interlocutory injunction restraining the Minister from executing the deportation orders pending the determinati......
  • Gayle v Governor of the Duchas Centre
    • Ireland
    • High Court
    • 27 October 2017
    ...IESC 44 at para. 62. 16 The key authority here is the Supreme Court decision in L.C. v. Minister for Justice, Equality and Law Reform [2007] 2 I.R. 133 [2006] IESC 44. One cannot come back at the Article 40 stage and make a point that one could have made at the time the deportation order ......
  • Request a trial to view additional results
1 books & journal articles
  • Inherent jurisdiction and inherent powers of irish courts
    • Ireland
    • Irish Judicial Studies Journal No. 2-9, July 2009
    • 1 July 2009
    ...under Chapter III of the Constitution” (2003) 2 Federal Law Review 31. 130 Cosma v. Minister for Justice, Equality and Law Reform [2007] 2 I.R. 133. 2009] Inherent Jurisdiction and Inherent Powers 155 restrain the deportation of an individual pending the outcome of an application for an int......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT