G.F.O (Nigeria) and Others v Minister for Justice and Equality and Others

• Jurisdiction: Ireland
• Judge: Mr. Justice Robert Eagar
• Judgment Date: 21 May 2015
• Neutral Citation: [2015] IEHC 329
• Court: High Court
• Date: 21 May 2015

[2015] IEHC 329

THE HIGH COURT

[No. 795 J.R./2011]

O (CO) [Nigeria] & Ors v Min for Justice & Ors

BETWEEN

C.O.O (NIGERIA) AND

G.F.O (A MINOR SUING BY HER MOTHER AND NEXT FRIEND C.O.O)

M.A.F.O (A MINOR SUING BY HIS MOTHER AND NEXT FRIEND C.O.O)

M.F.O (A MINOR SUING BY HIS MOTHER AND NEXT FRIEND C.O.O)

APPLICANTS

AND

THE MINISTER FOR JUSTICE AND EQUALITY, IRELAND AND THE ATTORNEY GENERAL

RESPONDENTS

Asylum – Immigration & Nationality – s. 5 (3) (a) Illegal Immigrants Trafficking Act 2000 – Leave to appeal – S.3 of Immigration Act 1999 – Whether point of law of exceptional public importance involved

Facts: Following the judgment on an application for an order of certiorari quashing the deportation of the fourth named applicant, the respondents now applied for a certificate for leave to appeal to the Court of Appeal. The appeal turned on whether the first named respondent may consider the situation of a child born in Ireland in conjunction with the position of the parent of the child throughout the format of a single memorandum and/or submissions intended to address the issues set out under s. 3 of the Immigration Act.

Mr. Justice Robert Eagar refused to grant a certificate for leave to appeal to the Court of Appeal. The Court held that it is not in the interest of public to certify the case to the Court of Appeals. The Court observed that it was the duty of the first named respondent to examine separately the position of the child vis a vis his/her parent. The Court observed that in lieu of the Thirty First Amendment to the Constitution, there would be sudden changes that would not warrant a certificate for leave to appeal.

1 1. On the 3 ^rd March, 2015 this Court gave judgment on an application for an order of certiorari by way of judicial review quashing the deportation order directed to the fourth named applicant dated the 5 ^th August, 2011. The respondents now apply under s. 5(3)(a) of the Illegal Immigrants Trafficking Act 2000 (hereinafter referred to as "the Act of 2000") for a certificate for 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 an appeal be taken". The criteria to be applied by this Court in ruling on the application for a certificate under s. 5(3)(a) of the Act of 2000 are not in dispute.

2 2. 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...