MH and anor v The Minister for Justice and Equality
| Jurisdiction | Ireland |
| Judge | O'Donnell J.,MacMenamin J.,Charleton J. |
| Judgment Date | 22 December 2020 |
| Neutral Citation | [2020] IESCDET 148 |
| Court | Supreme Court |
| Docket Number | Supreme Court record no: S:AP:IE:2020:000120 |
[2020] IESCDET 148
O'Donnell J.
MacMenamin J.
Charleton J.
Supreme Court record no: S:AP:IE:2020:000120
High Court record no: 2018 No. 788 JR
AN CHÚIRT UACHTARACH
THE SUPREME COURT
DETERMINATION
RESULT: The Court grants leave to the Respondent to appeal to this Court directly from the High Court.
REASONS GIVEN:
ORDER SOUGHT TO BE APPEALED
| COURT: High Court |
| DATE OF JUDGMENT OR RULING: 2 nd September, 2020 and 13 th October, 2020 |
| DATE OF ORDER: 13 th October, 2020 |
| DATE OF PERFECTION OF ORDER: 14 th October, 2020 |
| THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 3 rd November, 2020 AND WAS IN TIME. |
This determination concerns a decision of the High Court, as above. Briefly stated, Barrett J applied principles of constitutional fairness where a deportation order had been proposed to be made but was only issued some 18 months after it had been made.
This resulted in the High Court quashing the deportation order. The applicants are mother and daughter. The mother was widowed and brother stepped in to help her in Pakistan. As he was in Britain, she and her daughter came here. He then moved to Ireland and they came with or followed him. There was a long dispute as to blood relationship but this was solved by DNA testing.
This claim of entitlement to travel here was made on the basis of being a dependant. This is an area of law of some complication. What matters here, however, is the time delay point and the application of constitutional principles and of principles from the European Convention on Human Rights to the gap as between refusal of permission and the issuance of a deportation order.
The High Court's basis for quashing the deportation concerned the delay between the decision that the applicants were not dependants of an EU citizen, the brother, and the decision to deport. The State objects that the analysis of the High Court was not correct. A notice of appeal of 14 points is proposed but much of it is repetitive. This requires refinement.
The applicant now seeks leave to appeal to this Court.
The general principles applied by this Court in determining whether to grant or refuse leave to appeal having regard to the criteria incorporated...
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MIH v SIH, a Minor suing by her Mother and next Friend, MIH
...sought to appeal directly to the Supreme Court and by determination dated 22 December 2020, leave to directly appeal was granted; [2020] IESCDET 148. The Minister submitted that the trial judge erred in his judgment in suggesting, obiter, that the delay between the s. 3 proposal and the mak......