Ford v Minister for Justice and Equality

JurisdictionIreland
JudgeMs. Justice Finlay Geoghegan
Judgment Date27 November 2017
Neutral Citation[2017] IECA 281
Date27 November 2017
CourtCourt of Appeal (Ireland)
Docket NumberNeutral Citation Number: [2017] IECA 281 [2016 44]

[2017] IECA 281

THE COURT OF APPEAL

Finlay Geoghegan J.

Finlay Geoghegan J.

Irvine J.

Hogan J.

Neutral Citation Number: [2017] IECA 281

[2016 44]

BETWEEN
ALISON FORD

AND

DAVID NWOKE
APPLICANTS/RESPONDENTS
- AND -
MINISTER FOR JUSTICE AND EQUALITY
RESPONDENT/APPELLANT

Judicial review – Refusal to grant visa – Moot appeal – Appellant seeking to appeal against High Court order – Whether High Court order ought to be quashed

Facts: The first respondent, Ms Ford, is an Irish citizen and the second respondent, Mr Nwoke, is a Nigerian national. An order of the High Court (Eagar J) made on 17th December, 2015, quashed the decision of the appellant, the Minister for Justice and Equality, to refuse to grant a visa to Mr Nwoke to enter and reside in the State. It also remitted the application of Mr Nwoke for reconsideration by or on behalf of the Minister. The appellant appealed to the Court of Appeal against the order of the High Court. At the hearing of the appeal, the Court was informed that the appeal was moot as further applications had been submitted by Mr Nwoke, one of which had been refused and a third was about to be or had been delivered.

Held by Finlay Geoghegan J that the decision at issue in the judicial review application expressly stated that the same principles apply in relation to a consideration of rights pursuant to Article 41 of the Constitution as do in relation to Article 8 ECHR. Finlay Geoghegan J held that to be incorrect and that the decision reached on that issue was not in accordance with law.

Finlay Geoghegan J held that the Court would uphold the order of the High Court that the decision of the Minister be quashed but having regard to the fact that the appeal was moot by reason of the further applications vacating that part of the High Court order that remitted the application for further consideration on behalf of the Minister.

Appeal dismissed.

JUDGMENT of Ms. Justice Finlay Geoghegan delivered on the 27th day of October 2017
1

This appeal is from an order of the High Court (Eagar J.) made on 17th December, 2015 for the reasons set out in a written judgment delivered on 19th November, 2015 Ford & Anor. v. Minister for Justice and Equality [2015] IEHC 720.

2

Ms Ford is an Irish citizen and Mr Nwoke a Nigerian national. The order of the High Court quashed the decision of the Minister to refuse to grant a visa to Mr Nwoke to enter and reside in the State....

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