J (B O) v Minister for Justice
| Jurisdiction | Ireland |
| Judge | Mr. Justice T. C. Smyth |
| Judgment Date | 05 December 2001 |
| Neutral Citation | [2001] IEHC 173 |
| Date | 05 December 2001 |
| Court | High Court |
| Docket Number | No. 503JR/2001 |
BETWEEN
AND
[2001] IEHC 173
THE HIGH COURT
Synopsis:
IMMIGRATION
Asylum
Deportation - Fair procedures - Whether respondent acted ultra vires - Whether deportation order valid - Whether application processed accordingly - Refugee Act, 1996 - Immigration Act 1999 (2001/503 JR - Smyth J - 5/12/01)
J (BO) v Minister for Justice, Equality and Law Reform
Facts: The applicant had applied for asylum in the State. There was some dispute as to the residence of the applicant while her application was being processed. Correspondence sent from the respondent to the applicant's notified address had been returned. A deportation order was subsequently made. The applicant initiated judicial review proceedings claiming that the legislative provisions regarding the deeming of service documentation infringed principles of natural justice.
Held by Mr. Justice Smyth in rejecting the application. The application was at all times processed in accordance with the relevant administrative procedures. The respondent had been entitled to consider the application abandoned. The applicant had not shown any substantial grounds for contending that the deportation order was invalid and the application was dismissed.
Citations:
FLANAGAN V UNIVERSITY COLLEGE CORK 1988 IR 724
ILLEGAL IMMIGRANTS (TRAFFICKING) BILL 1999 2000 2 IR 360
IMMIGRATION ACT 1999 S5(6)
ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5(10)(C)
O V MINISTER FOR JUSTICE UNREP SMYTH 23.11.2001
Judgment of Mr. Justice T. C. Smythdelivered 5th December, 2001.
The Applicant is a Nigerian national and is an Asylum seeker in the State. She applied for asylum on 14th July, 2000 and acknowledged receipt on that date of documentation which (inter alia) included:-
i) Information Leaflet and Procedures for Processing AsylumClaims
ii) Change of Address Forms
iii) Refugee Legal Service Information Leaflet.
The Applicant in response to questions on a questionnaire stated that she was born 1st January, 1974 and attended the Federal Government College in Lagos from 1986 to 1991 and was the holder of a School Certificate, she described herself in an "ASY 1" form as a trader. I am satisfied on the documentary evidence that she understood importance of informing the Respondent of any change of address.
On 21st July, 2000 the Applicant returning the Form of Questionnaire notified her address as of 34/36 Francis St. D. 8. Shortly thereafter she apparently declined accommodation in Limerick which was available in accordance with the Government's dispersal policy and chose to reside with a friend in Ballinasloe, Co. Galway. The Applicant avers in an affidavit sworn on 20th July, 2001 that she notified the Department of Justice ofher address at the time and received her identity card and a letter from the responsible directorate at 19 River View, Ballinasloe, Co. Galway. Mr. Lohan's affidavit sworn on 30th November, 2001 (for the Respondent) takes issue with the Applicant's averments and swears that neither in the Asylum Division or Immigration Division of the Respondent can any such record be found and that it is and was the policy of the Refugee Appeals Commissioner that all Applicants must collect their identity card in person from the Refugee Applications Centre and that the Applicant was issued with her identity card when she returned the questionnaire on 21st July, 2000. As the photograph, particulars, card number and an issue date of 14th July, 2000 (set out in Exhibit"A" to Mr. Lohan's affidavit (page 46 of booklet) were, it appears, in existence prior to or at 21st July, 2000 it seems more probable and likely that the identity card was delivered in person when there would be some...
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