F. K (a minor suing by his mother and next friend OA) v The International Protection Appeals Tribunal

• Jurisdiction: Ireland
• Judge: Clarke C.J.,Dunne J.,O'Malley J.
• Judgment Date: 17 April 2019
• Neutral Citation: [2019] IESCDET 87
• Court: Supreme Court
• Date: 17 April 2019

[2019] IESCDET 87

THE SUPREME COURT

DETERMINATION

Clarke C.J.

Dunne J.

O'Malley J.

IN THE MATTER OF SECTION 5 OF THE ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 (AS AMENDED), AND IN THE MATTER OF THE INTERNATIONAL PROTECTION ACT 2015

BETWEEN/

O. A.

F. K (a minor suing by his mother and next friend OA)

APPLICANTS

AND

THE INTERNATIONAL PROTECTION APPEALS TRIBUNAL

THE MINISTER FOR JUSTICE AND EQUALITY

ATTORNEY-GENERAL

IRELAND

RESPONDENTS

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.4° OF THE CONSTITUTION APPLIES

RESULT: The Court does not grant leave to the Applicants to appeal to this Court directly from the High Court

REASONS GIVEN:

ORDER SOUGHT TO BE APPEALED

COURT: High Court

DATE OF JUDGMENT OR RULING: 20 th November, 2018 and 17 th December, 2018

DATE OF ORDER: 20 th November, 2018 and 17 th December, 2018

DATE OF PERFECTION OF ORDER: 20 th November, 2018 and 17 th December, 2018

THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 3 rd January, 2019 AND WAS IN TIME.

General Considerations

1 The general principles applied by this Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33 ^rd Amendment have now been considered in a large number of determinations and are fully addressed in both a determination issued by a panel consisting of all of the members of this Court in B.S. v Director of Public Prosecutions [2017] IESCDET 134 and in a unanimous judgment of a full Court delivered by O'Donnell J. in Price Waterhouse Coopers (A Firm) v Quinn Insurance Ltd. (Under Administration) [2017] IESC 73. The additional criteria required to be met in order that a so-called “leapfrog appeal” direct from the High Court to this Court can be permitted were addressed by a full panel of the Court in Wansboro v Director of Public Prosecutions (2017) IESCDET 115. Accordingly it is unnecessary to revisit the new constitutional architecture for the purpose of this determination.

2 The application for leave filed, and the respondents” notice thereto, are published along with this determination (subject only to any redaction required by law) and it is therefore unnecessary to set out the position of the parties in detail.

Background

3 The first named applicant is a Nigerian national. She lived lawfully in the United Kingdom from 2009 to 2012, when she entered this State unlawfully. The second named...