I.E. v Refugee Appeals Tribunal and Others

• Jurisdiction: Ireland
• Judge: Mr. Justice Mac Eochaidh
• Judgment Date: 31 July 2014
• Neutral Citation: [2014] IEHC 409
• Court: High Court
• Date: 31 July 2014

[2014] IEHC 409

THE HIGH COURT

[No. 654 J.R./2010]

[No. 356 J.R./2011]

E (I) (a minor) v Refugee Appeals Tribunal & Ors

JUDICIAL REVIEW

BETWEEN

I.E. (A MINOR SUING BY HIS MOTHER AND NEXT FRIEND E.E.)

APPLICANT

-AND-

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

RESPONDENTS

AND

G.E. (A MINOR SUING BY HIS MOTHER AND NEXT FRIEND E.E.)

APPLICANT

-AND-

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

RESPONDENTS

IMMIGRATION ACT 1999 S3

CUNNINGHAM v PRESIDENT OF THE CIRCUIT COURT & DPP 2012 3 IR 222 2012 2 ILRM 449 2012/8/2202 2012 IESC 39

MANSOURI v MIN FOR JUSTICE & LAW REFORM UNREP MCDERMOTT 29.1.2013 2013 IEHC 527

A (DD) [NIGERIA] v MIN FOR JUSTICE & REFUGEE APPEALS TRIBUNAL UNREP 18.7.2012 2013/1/54 2012 IEHC 308

Judicial review – Asylum & immigration – Withdrawal of claim – Application for costs

Facts: The applicant had sought permission to remain in the State with his mother and sibling. Having begun judicial review proceedings in respect of the refusal of refugee status, the applicants were subsequently granted temporary permission to remain. The applicants contended that an award of costs should be made as the respondents” grant of temporary permission rendered the judicial review proceedings moot.

Held by Mac Eochaidh J, that the Court was satisfied that the grant of temporary permission did not render the judicial review proceedings moot. As the respondents argued, a grant of temporary permission did not give the applicants full rights in the same way a grant of refugee status would have, and the proceedings were therefore still live. A costs order was therefore not appropriate.

1 JUDGMENT of Mr. Justice Mac Eochaidh delivered on the 31st day of July 2014

2 1. This is an application for costs arising from two sets of judicial review proceedings which have been withdrawn by the applicants prior to a full hearing. This application is made on the basis that the respective judicial review proceedings have effectively become moot. The proceedings are said to have become moot owing to a grant of temporary permission to remain in the State for a period of three years being offered to the applicant's mother by the Minister, which was extended to include both the minor applicants.

Background:

3 2. The applicants in these proceedings are both nationals of Nigeria. I.E. was born in Dublin on 23 ^rd May 2009, while his brother G.E. was born in Kerry on 29 ^th October 2010. The applicants, suing through their mother and next friend, had sought to challenge negative decisions of the Refugee Appeals Tribunal dated 28 ^th April 2010 and 13 ^th April 2011 respectively. Given the minority of both applicants, their claims for asylum were substantially based on the fears expressed on their behalf by their mother. In particular, it was claimed that the minor applicants would face human sacrifice by members of a cult if returned to Nigeria. The applicants' mother had previously had her own application for asylum refused by the Tribunal on the 11 ^th March 2008 and her application for subsidiary protection was also subsequently rejected by the Minister. A deportation order had been issued against her on 4 ^th December 2008.

Correspondence:

4 3. It is useful at this juncture to set out excerpts from the relevant correspondence exchanged between the parties by way of background prior to these costs proceedings. Following an initial telephone call from the Minister's office and the submission of a copy of the applicants' mother's passport, she received a letter from the Irish Naturalisation and Immigration Service dated 18 ^th June 2014 in the following terms:

"Dear Ms. E,"

5 I am directed by the Minister for Justice and Equality to refer to your representations made in response to the Minister's proposal to deport you under Section 3 of the Immigration Act 1999, as amended. As an exceptional measure, I am to inform you that the Minister has decided to revoke the 'Deportation Order' made in relation to you in 4th December 2008, and instead, grant you 'Temporary Permission to Remain in the State' on a Stamp 4 basis, for 3 years from 18/06/2014 until 18/06/2017. This 'Temporary Permission to Remain in the State' extends to your two children who are at this time residing in the State, Namely; I.M.E. (69/1182/09 - d.o.b. 23/05/2009) and G.E. (69/1431/10 - d.o.b. 29/10/2010).

6 Please note that this permission is extended to I.M.E. and G.E. without prejudice to their current legal proceedings against the Refugee Appeals Tribunal.

7 Your permission is subject to your compliance with certain conditions which are set out below." [Emphasis in original]

8 The letter also enclosed the formal revocation of the applicants' mother's deportation order.

9 4. On 19 ^th June 2014, the Office of the Chief State Solicitor (the 'CSSO') wrote to the applicants' solicitors and with reference to the pending judicial review proceedings stated:

"Dear Sirs,"

10 We refer to the above matters which are listed for hearing on 1 ^st July 2014 and for mention on Monday 23 ^rd June 2014.

11 We would be obliged if you would please confirm in advance of Monday that you are in receipt of up to date instructions from your clients and that they intend on prosecuting their cases to hearing."

12 5. On 20 ^th June 2014, the applicants' solicitors wrote as follows:

"We note that the second named respondent recently granted the mother and next friend permission to reside in Ireland and that this...