IELCA 6 - Sulaimon -v- Min for Justice Equality

• Year: 2014
• Decision Date: 29 May 2014

[2014] IELCA 6

THE HIGH COURT RECORD NO. 1173 JR

BETWEEN FAISAL OLUWANIFEMI SULAIMON (AN INFANT) PLAINTIFF

AND

MINISTER FOR JUSTICE EQUALITY AND LAW REFORM RESPONDENT

RULING NO. 2 FOLLOWING HEARING OF OBJECTIONS

The Applicant’s Objections relate to the following items:

1) Item 94: Senior Counsel’s Brief Fee: marked at €10,000 and allowed in the sum of

€7500.

2) Item 97: Junior Counsel’s Brief Fee: marked at €6500 and allowed at €5000.

3) Item 155: Senior Counsel’s Brief Fee in relation to Supreme Court Appeal: marked at

€15,000 and allowed at €7500.

4) Item 158: Junior Counsel’s Brief Fee: marked at €10,000 and allowed at €5000.

5) Item 168: Instructions Fee: claimed at €107,500 and allowed at €23,600.

The Applicant has filed lengthy and detailed submissions dated 28 November 2013. The

Respondent has also filed lengthy and comprehensive submissions in reply thereto, dated 4

February 2014.

The background to the matter is set out in the Judgements of the High Court and the Supreme

Court, together with the bill of costs and the submissions of the parties and I do not consider it

necessary to repeat same in detail here.

Suffice it to say that the Applicant is a Minor, born in Ireland on 24 August 2008 to Nigerian

parents. The Applicant claimed Irish citizenship pursuant to Section 6a of the Irish Nationality

and Citizenship Act, 1956. The Respondent refused to issue a Certificate of Irish nationality to

the Applicant which had the consequence that he was denied an Irish passport. The

Respondent communicated this decision to the Applicant’s father by letter of 5 October 2009.

The basis of this decision was the determination that the Applicant’s father was not lawfully

resident in Ireland for the required period of 3 years.

Judicial Review proceedings challenging the Respondent’s decision to refuse to issue a certificate

of nationality were instituted in November 2009. Leave was granted by the High Court in

November 2009. Pleadings were exchanged between the parties and the matter was heard over

the course of one day on 28 April 2010. In a decision dated 9 July 2010 Mr. Justice Ryan held

in favour of the Applicant. The decision of the Respondent refusing to issue a Certificate of

Nationality was quashed with an Order for Costs in favour of the Applicant. The Respondent

appealed the decision of Ryan J. to the Supreme Court. In a decision dated 21 December 2012

the Supreme Court dismissed the Minister’s Appeal and the Orders of the High Court were