Dokie v DPP (Garda Morley) and Others

JudgeMr. Justice Cooke
Judgment Date25 March 2011
Neutral Citation[2010] IEHC 110
CourtHigh Court
Docket Number[2008 No. 792
Date25 March 2011

[2010] IEHC 110


[No. 171 J.R./2010]
Ezeike v Min for Justice




Interlocutory injunction

Immigration - Subsidiary protection - Deportation order - Judicial review - Whether fair issue to be tried - Whether damages adequate remedy - Whether balance of convenience lay between grant or refusal of injunction - Whether compelling reason for immediate deportation - Cosma v Minister for Justice, Equality and Law Reform [2006] IESC 44 (Unrep, SC, 10/7/2006) distinguished - Illegal Immigrants (Trafficking) Act 2000 (No 29), s 5 - European Communities (Eligibility for Protection) Regulations 2006 (SI 518/2006) - Rules of the Superior Courts 1986 (SI 15/1986), O 84 - Relief granted (2010/171JR - Cooke J - 15/4/2010) [2010] IEHC 110

Ezeike v Minister for Justice, Equality and Law Reform

Facts The applicant was a Nigerian national and had sought asylum in the State. The application had been turned down both by the Refugee Applications Commissioner and the Refugee Appeals Tribunal. Subsequently the applicant was informed that the Minister proposed to make an order of deportation and the applicant thereafter made an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations, 2006. The applicant then married an Irish citizen and a deportation order issued shortly afterwards. Judicial review proceedings had been issued seeking to quash the deportation order. The present application was to seek an interlocutory injunction restraining deportation of the application pending the determination of the judicial review proceedings.

Held by Mr. Justice Cooke in granting the injunction. The balance of convenience lay in favour of granting the injunction. It was not unreasonable that a litigant who has invoked a right of access to the court should be entitled to be present at the hearing of the case. It was not impossible to envisage that queries might arise and instructions would be required. The substantive hearing was due to take place in the near future and thus inconvenience to the State by postponing the deportation was outweighed by the disruption that would be caused to the applicant were she deported and subsequently be held entitled to return.

Reporter: R.F.


1. The applicant has applied to the Court to injunct her deportation from the State pending the determination of the present proceeding. The context in which the injunction is sought is as follows.


2. By order of 15 th February, 2010 this Court granted leave to the applicant to seek judicial review of a decision made by the respondent on 30 th November, 2009 to refuse the applicant's application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006. Leave was granted by reference to the grounds advanced for that purpose at Section (e) of the Statement of Grounds in the proceeding at paras, (i), (ii), (iii), (iv) and (v). The hearing of the substantive application is listed for 15 June next.


3. The applicant is a national of Nigeria who arrived in the State in May, 2007. Having initially lied about her age she admitted that she was 21 years old and thenapplied for asylum. Her application for asylum was rejected by the Refugee Applications Commissioner on 31 st August, 2007, in a report which was affirmed by the Refugee Appeals Tribunal on appeal by a decision dated 18 th June, 2009.


4. By letter of 28 th July, 2009, the respondent informed the applicant that he proposed to deport her from the State and on 12 th August, 2009, she made the application for subsidiary protection under the 2006 Regulations.


5. On 20 th November, 2009, the applicant married an Irish citizen, a Mr. Patsy Sharkey. By letter dated 30 th November, 2009, the application for subsidiary protection was refused by the respondent and on 8 th December, 2009 an order was made for the deportation of the applicant from the State under s. 3 of the Immigration Act 1999.


6. By letter of 21 st December, 2009, the respondent was informed of the applicant's marriage...

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    • Mondaq Ireland
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