Jooree -v- The Minister for Justiced and Equality, [2018] IEHC 757 (2019)

Docket Number:2016 No. 738 JR
Party Name:Jooree, The Minister for Justiced and Equality
 
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THE HIGH COURT2016 No. 738 JR

Between:

YASHRAJ JOOREEAPPLICANT– AND –

THE MINISTER FOR JUSTICE AND EQUALITYRESPONDENTJUDGMENT of Mr Justice Max Barrett delivered on 21st December, 2018.

  1. Mr Jooree is a citizen of Mauritius. He had successive ‘stamp 2’ student permissions to be here; the last permission expired in 2009. Mr Jooree left Ireland, returned and has (it seems) been unlawfully here since May 2015. By letter of 17.08.2015, he applied for ‘stamp 4’ permission to be here, invoking s.4 of the Immigration Act 2004. By decision of 09.08.2016, the Minister refused to deal with this application. Mr Jooree seeks, inter alia, an order of certiorari regarding that refusal.

  2. The decision states, inter alia, that: “Because you did not have permission when the application was received, the question of amending or extending it does not arise. Accordingly, your case will not be dealt with under section 4”. This text involves an inexact reference to s.4(7) of the 2004 Act which provides: “A permission under this section may be renewed or varied [i.e. not ‘amended or extended’] by the Minister…”. But administrative decisions do not fall to be construed like statute. What the Minister clearly (and correctly) seeks to convey is that because Mr Jooree does not hold an extant permission under s.4 there can be no “amending or extending” (‘varying’) of same: one cannot vary the non-existent.

  3. In his pleadings/submissions the Minister has not provided retrospective reasons for his refusal. Even if he had, the court considers that, for the above reasons, the decision offers good reason for refusing to deal with Mr Jooree’s application. The court sees no breach of the Minister’s duty of candour to present.

  4. The decision does not mention a decision not to renew. But Mr Jooree can have no complaint in this regard. He did not apply for renewal of anything. Renewal involves a re-issuance/fresh issuance of what duly went before. Mr Jooree has applied for ‘stamp 4’ permission; he has never held ‘stamp 4’ permission; so there can be no renewal of same.

  5. The decision also refused a further student permission. The Minister cannot, not least as it would entail a patent unfairness of procedure, properly refuse what has not been sought; and a further student permission was not sought in the letter of 17.08.2015 (which is focused on Mr Jooree’s being permitted somehow to remain here as a worker). However, the decision does otherwise offer good reason for refusing to...

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