Meadows v Min for Justice and Others
| Jurisdiction | Ireland |
| Judge | Mr. Justice Gilligan |
| Judgment Date | 19 November 2003 |
| Neutral Citation | [2003] IEHC 79 |
| Docket Number | Record No. 2002/456 JR |
| Court | High Court |
| 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...
To continue reading
Request your trial
-
O v Minister for Justice and Others
... ... ACT 1999 S3(6) S & ORS v MINISTER FOR JUSTICE UNREP KEARNS 21.6.2012 2012 IEHC 244 IMMIGRATION ACT 1999 S3(1) CARLTONA LTD v CMRS OF WORKS 1943 2 AER 560 DEVANNEY v SHIELS 1998 1 IR 230 1998 5 1197 TANG v MINISTER FOR JUSTICE 1996 2 ILRM 46 MEADOWS v MINISTER FOR JUSTICE 2010 2 IR 701 T(LA) v MINISTER FOR JUSTICE UNREP HOGAN 2.11. 2011 2011/47/13240 2011 IEHC 404 EUROPEAN CONVENTION ON HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8 BURDEN v UK 2008 47 EHRR 38 A v MINISTER FOR JUSTICE 2007 IEHC 166 N v ... ...
-
J.D.S. [Nigeria] v Minister for Justice
... ... inadequate , unlawful and in breach of natural justice and fair procedures - Whether consideration of prohibition of refoulement flawed - Meadows v Minister for Justice [2010] IESC 3, [2010] 2 IR 701 ; Rawson v Minister for Defence [2012] IESC 26, (Unrep, SC, 1/5/2012); Clare County Council v ... ...
-
Director of Public Prosecutions v Mollison (No. 2)
... ... for the courts … the selection of punishment is an integral part of the administration of justice and, as such, cannot be committed to the hands of the executive …' This was said ... challenge and accordingly confers power on the courts and the Governor-General (among others) to modify and adapt existing laws so as "to bring them into conformity with the provisions of this ... ...
-
I.S.O.F. (A Minor) and Others v Minister for Justice, Equality and Law Reform
...2008/12/25302008 IESC 26 OGUEKWE v MIN FOR JUSTICE 2008 3 IR 795 MEADOWS v MINISTER FOR JUSTICE UNREP GILLIGAN 19.11.2003 2003/34/8235 2003 IEHC 79 O (S) & ORS v MJELR UNREP COOKE 1.10 2010 2010 IEHC 343 CRIMINAL JUSTICE ACT 1999 S3(11) CONSTITUTION ART 41.2 CRIMINAL JUSTICE ACT 1999 S3(6)......
-
'Anxious Scrutiny' in the Irish Courts: Too Little, Too Late?
...defiance of logic or accepted moral standards that no sensible person v An Bord Pleanala [1993] 1 IR 39”, Meadows v Minister for Justice [2003] IEHC 79 (Unreported, High Court, 4 November 2003). The Supreme Court has yet to deliver judgment in this appeal, but the precise contours of reason......