G.I. v Minister for Justice and Equality

• Jurisdiction: Ireland
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 21 December 2015
• Neutral Citation: [2015] IEHC 823
• Docket Number: [2011 No. 476 J.R.]
• Court: High Court
• Date: 21 December 2015

BETWEEN

G.I.

APPLICANT

AND

MINISTER FOR JUSTICE AND EQUALITY,

RONAN MAGUIRE SITTING AS THE REFUGEE APPEALS TRIBUNAL, IRELAND AND ATTORNEY GENERAL

RESPONDENTS

(No.2)

[2015] IEHC 823

[2011 No. 476 J.R.]

THE HIGH COURT

JUDICIAL REVIEW

Asylum, Immigration & Nationality – Refusal for judicial review – Leave to appeal to the Court of Appeal – Order for costs – Negative credibility findings

Facts: Following the refusal of the Court to grant leave for judicial review from the decision of the second named respondent, the applicant had now applied for a certificate for leave to appeal to the Court of Appeal or alternatively an order for referring the matter to the Court of Justice of the European Union. The respondents sought an order for costs. The applicant alleged that the first named respondent was under obligation to consider the country of origin information by virtue of the Qualification Directive. The respondents contended that there was no need to consider the country of origin information when the credibility of the applicant was found to be untrustworthy.

Mr. Justice Richard Humphreys refused to grant a certificate for leave to the Court of Appeal and refused to grant an order for a reference to the Court of Justice. The Court awarded costs to the respondents. The Court held that in order to grant a certificate for leave to appeal, the issue of grave public importance must emanate from the impugned judgment. The Court observed that there was no issue of utmost public concern in the impugned judgment that required immediate resolution. The Court observed that it was crystal clear from the said judgment that the applicant's version of the story was incredible to the extent that the consideration of the country of origin information would be of no aid to him.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 21st day of December, 2015

1 Following my decision in G.I. v. Minister for Justice and Equality (No. 1) [2015] IEHC 682 to refuse relief by way of judicial review and to refuse a reference to the Court of Justice of the European Union in this case, I listed the matter to allow any consequential applications.

2 Mr. Paul O'Shea, B.L., for the applicant has applied for leave to appeal, by seeking a certificate in that regard, and alternatively has (again) sought a reference to the Court of Justice. I understood him to be seeking costs if either of these options were to be permitted, but, if not, he accepted that he was ‘ in the court's hands’.

3 Ms. Silva Martinez, B.L., for the respondents opposes the applications for leave to appeal and for a reference and seeks her costs on the basis that they follow the event.

Reference to the Court of Justice

4 Mr. O'Shea...