A.K.(Somalia) v The Minister for Justice and Equality

• Jurisdiction: Ireland
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 25 June 2018
• Neutral Citation: [2018] IEHC 434
• Docket Number: [2017 No. 914 J.R.]
• Court: High Court
• Date: 25 June 2018

[2018] IEHC 434

THE HIGH COURT

JUDICIAL REVIEW

Humphreys J.

[2017 No. 914 J.R.]

BETWEEN

A.K. (SOMALIA)

APPLICANT

AND

THE MINISTER FOR JUSTICE AND EQUALITY

RESPONDENT

Security for costs – Judicial review – Temporary travel document – Respondent seeking security for costs of judicial review proceedings – Whether the balance of discretion or justice applied in this case

Facts: The applicant, born in Somalia, unsuccessfully sought asylum in the State in 2005. He was then refused subsidiary protection. Humanitarian leave to remain was granted in 2010. He provided a false Somali passport in November, 2010, which was rejected by the Irish authorities. Ultimately on 21st June, 2016, he was granted a three-year residence on a stamp 4 basis, backdated to 31st January, 2016. He was granted a temporary nine-month Irish travel document and was directed to obtain a Somali passport. He then produced another false document. Prior to the discovery of that he was given a stamp 4 permission. In October, 2016, he travelled to the wedding of a friend in Tanzania using that false Somali passport. On 8th November, 2016, he was stopped in Addis Ababa in Ethiopia. The passport was confiscated on the grounds that it was fraudulent. He was detained for a twelve-day period and was then deported to Tanzania. On 1st February, 2017, he sought an emergency travel document from the respondent, the Minister for Justice and Equality. That was refused on 13th February, 2017. A review was sought on 27th February, 2017. On 7th March, 2017, that was refused and the applicant was invited to submit original documentation regarding his identity and nationality. On 21st August, 2017, he replied stating that he would be unable to comply. On 21st September, 2017, the Minister again refused to issue a temporary travel document. On 27th November, 2017, he was granted leave to seek judicial review of the refusal of a temporary document. On 11th April, 2018, the respondent issued a motion seeking security for costs of the judicial review proceedings.

Held by Humphreys J that neither the element of ordinary residence outside the State (and the EU and Lugano area), nor the requirement of balance of discretion or justice applied in this case.

Humphreys J held that the application for a security for costs should be dismissed.

Application dismissed.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 25th day of June, 2018

1 The applicant was born in Somalia on 22nd June, 1980. He unsuccessfully sought asylum in the State in 2005. He was then refused subsidiary protection. However, humanitarian leave to remain was granted in 2010.

2 He provided a false Somali passport in November, 2010, which was rejected by the Irish authorities, but ultimately on 21st June, 2016, he was granted a three-year residence on a stamp 4 basis, backdated to 31st January, 2016. That permission allowed for temporary travel outside the State. As the applicant did not have a valid Somali passport he was granted a temporary nine-month Irish travel document, but was directed to obtain a Somali passport. He then produced a further such purported passport, which again turned out to be a false document. However, prior to the discovery of that he was given a stamp 4 permission.

3 In October, 2010, he travelled to the wedding of a friend in Tanzania using that false Somali passport. On 8th November, 2016 on the return leg he was stopped in Addis Ababa in Ethiopia. The passport was confiscated on the grounds that it was fraudulent. He was detained for a twelve-day period and was then deported to Tanzania. On 1st February, 2017, he sought an emergency travel document from the Minister. That was refused on 13th February, 2017. A review was sought on 27th February, 2017. On 7th March, 2017, that was refused but the applicant was invited to submit original documentation regarding his identity and nationality. On 21st August, 2017, he replied stating that he would be unable to comply. On 21st September, 2017, the Minister again refused to issue a temporary travel document. On 27th November, 2017, approximately one year after the applicant had become stranded in Tanzania he was granted leave to seek judicial review of the refusal of a temporary document. On 11th April, 2018, the...