J C M v Minister for Justice and Equality

JurisdictionIreland
JudgeO'Donnell J.,McKechnie J.,Finlay Geoghegan J.
Judgment Date15 May 2018
Neutral Citation[2018] IESCDET 70
Docket Number2011 No. 852 JR
CourtSupreme Court
Date15 May 2018

[2018] IESCDET 70

THE SUPREME COURT

DETERMINATION

O'Donnell J.

McKechnie J.

Finlay Geoghegan J.

2011 No. 852 JR

BETWEEN
J C M
APPLICANT
AND
THE MINISTER FOR JUSTICE AND EQUALITY
IRELAND

AND

THE ATTORNEY GENERAL
RESPONDENTS

Extension of time – Leave to appeal – Case management – Applicants seeking leave to appeal – Whether leave was preliminary

Facts: The applicants, the Minister for Justice and Equality, Ireland and the Attorney General, applied to the Supreme Court seeking leave to appeal to the Court from the High Court.

Held by O’Donnell J, McKechnie J and Finlay Geoghegan J that the general principles applied by the Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33rd Amendment are well known.

O’Donnell J, McKechnie J and Finlay Geoghegan J held that the Court would grant leave to appeal to the Court from the High Court on the grounds set out in paragraph 6 of the Application for Leave. As set out in the related Determination in ML v Minister for Justice and Equality and Others [2018] IESCDET 68 the leave granted was preliminary and subject to refinement in the course of case management.

Application granted.

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.4° OF THE CONSTITUTION APPLIES
RESULT: The Court extends time for the bringing of this application and grants leave to the State party respondents to appeal to this Court from the High Court.
REASONS GIVEN:

ORDER SOUGHT TO BE APPEALED

COURT: High Court
DATE OF JUDGMENT OR RULING: 20 th of June 2017
DATE OF ORDER: 21 st of July 2017
DATE OF PERFECTION OF ORDER: 22 nd of November 2017
THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON the 22 nd of December AND WAS NOT IN TIME.
General Considerations
1

The general principles applied by this Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated into the Constitution as a result of the 33rd Amendment are now well known. This case should be read along with the determination in the related matter of ML v The Minster for Justice and Equality, Ireland and the Attorney General [2018] IESCDET 68. The history of these proceedings is set out insofar as it is necessary in the said determination. For the reasons set out therein this Court will grant leave to the applicant Minister to appeal to this Court from the decision of the High...

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3 cases
  • L -v- Minister for Justice
    • Ireland
    • Supreme Court
    • October 31, 2019
    ...namely the grounds which McDermott J had dismissed. By determinations dated 15 May 2018 ([2018] IESCDET 68, [2018] IESCDET 69, and [2018] IESCDET 70) the court granted leave to the Minister to appeal directly to the court in order to resolve all outstanding issues in respect of the subsidia......
  • M L v Minister for Justice and Equality
    • Ireland
    • Supreme Court
    • May 15, 2018
    ...be read together with the companion cases of JCM v The Minister for Justice Equality and Law Reform, Ireland and the Attorney General [2018] IESCDET 70 and VJ v The Minister for Justice and Equality, Ireland and the Attorney General [2018] IESCDET 69. 2 The Minister for Justice and Equality......
  • V J v Minister for Justice and Equality
    • Ireland
    • Supreme Court
    • May 15, 2018
    ...Ireland and the Attorney General [2018] IESCDET 68 and JCM v The Minister for Justice and Equality, Ireland and the Attorney General [2018] IESCDET 70, it was in the interests of justice that the complex litigation surrounding the subsidiary protection regime should be determined in one cou......

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