Meadows v Min for Justice and Others
| Jurisdiction | Ireland |
| Court | High Court |
| Judge | Mr. Justice Gilligan |
| Judgment Date | 19 November 2003 |
| Neutral Citation | [2003] IEHC 79 |
| Docket Number | Record No. 2002/456 JR |
| Date | 19 November 2003 |
[2003] IEHC 79
THE HIGH COURT
BETWEEN
AND
Immigration - Asylum - Application for leave to appeal - Point of law - Illegal Immigrants (Trafficking) Act, 2000 s. 5 (3) (a)
Facts: The High Court delivered its judgment in this case on 4th November 2003 and the application for determination now was whether leave to appeal would be granted on a matter of public importance. This involved whether or not
“in determining the reasonableness of an administrative decision which affects or concerns constitutional rights or fundamental rights is it correct to apply the standard as set out in O’Keeffe v An Bord Pleanala [1993] 1 IR 39.
Held by Gilligan J in granting the application for leave that it is desirable in the public interest that the point of law should determined by way of appeal to the Supreme Court.
Reporter: B.D.
Following up on my judgment as delivered herein on the 4thday of November, 2003 I am asked by counsel for the applicant for leave to appeal my decision to the Supreme Court pursuant to s. 5(3)(a) of the Illegal Immigrants (Trafficking) Act,2000.
It is quite clear from my judgment that I consider that there is a point of law at issue in this case, namely as to whether or not"in determining the reasonableness of an administrative decision which affects or concerns constitutional rights or fundamental rights is it correct to apply the standard as set out in O'Keeffe v An Bord Pleanála [1993] 1 I.R. 39."
I take the view that this point of law is of exceptional public importance in that it is a matter which concerns the identification and clarification of an uncertain constitutional right or fundamental right. It is a point of law which has been discussed in some detail in a number of recent Supreme Court decisions which I have already referred to in the course of my judgment as handed down.
I take the view that the point of law involved transcends the facts of this particular case. It is in my view desirable in the public interest that the point of law which arises be determined by way of appeal...
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