F.U. (Afghanistan) v Refugee Appeals Tribunal and Others

 
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[2015] IEHC 323

THE HIGH COURT

[No. 1590 J.R./2010]
U (F) [Afghanistan] v Refugee Appeals Tribunal & Ors

BETWEEN

F.U. (AFGHANISTAN)
APPLICANT

AND

THE REFUGEE APPEALS TRIBUNAL,
THE MINISTER FOR JUSTICE EQUALITY AND LAW REFORM, ATTORNEY GENERAL AND IRELAND
RESPONDENTS

2010/1590JR - Eagar - High - 21/5/2015 - 2015 IEHC 323

Asylum – Immigration & Nationality – Refugee Appeals Tribunal – S. 5 (3) (a) Illegal Immigrants Trafficking Act 2000 – Grant of certiorari – Leave to appeal – Whether issues of exceptional public importance involved.

Facts: Following the grant of an order of certiorari quashing the decision of the first named respondent, the respondents now applied for a certificate of leave to appeal to the Court of Appeal. The grounds of appeal were as follows: whether and to what extent the decision of the first named respondent vitiated by the questioning by the officers of the Refugee Applications Commissioner either at interview under s. 11 of the Refugee Act or at hearing before the first named respondent and the conduct of the first name respondent in considering the documents provided by the applicant originating from a terrorist organisation.

Mr. Justice Robert Eagar refused to grant a certificate for leave to appeal. The Court observed that regular appearance of the officers of the Refugee Applications Commissioner before the first name respondent would invite a danger of it being a kind of canteen culture; however it would not warrant a case for granting a leave to appeal. The Court held that there existed no issue of utter public importance under both alleged grounds. The Court observed the first named respondent rightly refused to accept the documents originating from a terrorist organisation as the credibility of those could not be verified in any circumstance.

a

1

1. On the 11 th February 2015 this Court gave judgment on an application for a judicial review by the above named applicant and granted an order of certiorari quashing the decision of the first named respondent dated the 29 th November, 2010 and remitted the appeal of the applicant for a de novo consideration by a separate member of the Refugee Appeals Tribunal.

2

2. The respondent now applies under s. 5(3)(a) Illegal Immigrants Trafficking Act 2000 for a certificate of leave to appeal to the Court of Appeal on the basis that the judgment "involves a point of law of exceptional public importance" and that "it is desirable in the public interest" that such appeals be taken. The criteria to be applied by this Court in ruling on the application for a certificate under s. 5(3)(a) are not in dispute.

3

3. Following from the decisions of Cooke J. in I.R. v. The Minister for Justice Equality and Law Reform & Refugee Appeals Tribunal [2009] IEHC 510 and the decision of Clarke J. in Arklow Holidays v. An Bord Pleanala [2007] 4 I.R. 112 I say the following principles appear to apply:-

1

) The case must raise a point of law of exceptional public importance.

2

) The area of law involved must be uncertain such that it is in the common good that uncertainty be resolved for the benefit of future cases.

3

) That it is desirable in the public interest that an appeal should be taken to the Court of Appeal.

4

) The uncertainty as to the point of law must be genuine and not merely a difficulty in predicting the outcome of the appellant's arguments.

5

) The point of law must arise out of the court's decision and not merely out of some discussion at the hearing.

6

) The requirements of exceptional public importance and the desirability of an appeal in the public interest are cumulative...

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