M.N. (Malawi) v The Minister for Justice and Equality No.2

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 22 July 2019
• Neutral Citation: [2019] IEHC 560
• Docket Number: [2018 No. 839 J.R.]
• Date: 22 July 2019

BETWEEN

M.N. (MALAWI)

APPLICANT

AND

THE MINISTER FOR JUSTICE AND EQUALITY

RESPONDENT

(No. 2)

[2019] IEHC 560

Humphreys J.

[2018 No. 839 J.R.]

THE HIGH COURT

JUDICIAL REVIEW

Leave to appeal – Judicial review – International protection – Applicant seeking leave to appeal – Whether the respondent, in his duty to notify an applicant of the reasons for making a deportation order, must disclose the matters considered in forming his opinion, including country of origin information

Facts: In M.N. (Malawi) v Minister for Justice and Equality (No. 1) [2019] IEHC 489 (Unreported, High Court, 21st June, 2019), Humphreys J refused an application for certiorari of what purported to be a review decision under s. 49(7) of the International Protection Act 2015 of 14th August, 2018 and a consequent deportation order dated 7th September, 2018. The applicant sought leave to appeal. The applicant’s proposed question of exceptional public importance was set out at para. 20(a) of written submissions as follows: “In his duty under s. 51(3) of the International Protection Act 2015 … to notify an applicant of the reasons for making a deportation order, must [the respondent, the Minister for Justice and Equality] disclose the matters considered in forming his opinion under s. 50 of the Act, including country of origin information”.

Held by Humphreys J that the first problem with that question was that the information was disclosed in the sense that it was readily ascertainable from the file, as he held in the No. 1 judgment. Humphreys J held that a second problem was that independently of that point, the applicant made no submissions whatsoever prior to the decision. Humphreys J held that the final difficulty for the applicant was that this was well-trodden ground and that there is no uncertainty in the law requiring appellate clarification.

Humphreys J held that the application would be dismissed.

Application dismissed.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 22nd day of July, 2019

1 In M.N. (Malawi) v. Minister for Justice and Equality (No. 1) [2019] IEHC 489 (Unreported, High Court, 21st June, 2019) I refused an application for certiorari of what purported to be a review decision under s. 49(7) of the International Protection Act 2015 of 14th August, 2018 and a consequent deportation order dated 7th September, 2018. The applicant now seeks leave to appeal and I have received helpful submissions from Mr. Eamonn Dornan B.L. for the applicant and from Mr. Daniel Donnelly B.L. for the respondent.

2 I have considered the caselaw on leave to appeal, including Glancré Teoranta v. An Bord Pleanála [2006] IEHC 250 (Unreported, MacMenamin J., 13th November, 2006), Arklow Holidays v. An Bord Pleanála [2008] IEHC 2, per Clarke J. (as he then was), and I.R. v. Minister for Justice and Equality [2009] IEHC 510 [2015] 4 I.R. 144, per Cooke J. I have also discussed these criteria in a number of cases, including S.A. v. Minister for Justice and Equality (No. 2) [2016] IEHC 646 [2016] 11 JIC 1404...