MYA v Refugee Applications Commissioner

• Jurisdiction: Ireland
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 14 November 2016
• Neutral Citation: [2016] IEHC 647
• Docket Number: [2016 No. 679 J.R.] [2016 No. 706 J.R.] [2016 No. 709 J.R.] [2016 No. 710 J.R.]
• Court: High Court
• Date: 14 November 2016

[2016] IEHC 647

THE HIGH COURT

JUDICIAL REVIEW

Humphreys J.

[2016 No. 679 J.R.]

[2016 No. 740 J.R.]

[2016 No. 706 J.R.]

[2016 No. 709 J.R.]

[2016 No. 710 J.R.]

BETWEEN

M.Y.A.

APPLICANT

AND

REFUGEE APPLICATIONS COMMISSIONER

RESPONDENT

BETWEEN

M.J.

APPLICANT

AND

REFUGEE APPLICATIONS COMMISSIONER

RESPONDENT

BETWEEN

I.G.

APPLICANT

AND

REFUGEE APPLICATIONS COMMISSIONER

RESPONDENT

BETWEEN

X.G.

APPLICANT

AND

REFUGEE APPLICATIONS COMMISSIONER

RESPONDENT

BETWEEN

F.G.

APPLICANT

AND

REFUGEE APPLICATIONS COMMISSIONER

RESPONDENT

Asylum, Immigration & Nationality – S. 11 of the Refugee Act 1996 – Preparation of report by ORAC – Delegation of task of preparation of report by ORAC to contractor – Leave to seek judicial review

Facts: The applicants, in the present five separate proceedings, sought leave to apply for judicial review in relation to a decision of the respondent whereby the respondent had delegated the task of preparation of draft report under s. 13 of the Refugee Act 1996 to a contractor. The applicants contended that the respondent was precluded for assigning the statutory task to a contractor.

Mr. Justice Richard Humphreys refused to grant leave to the applicants in each case. The Court, however, adjourned the matter to enable the applicants to consider the filing of any application for leave to appeal. The Court held that the engagement of a contractor to do ground work in relation to the preparation of draft materials was not a statutory function and thus, the said decision did not require express statutory authorisation. The Court held that there was merely seeking of assistance by the respondent in the discharge of his statutory functions.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 14th day of November, 2016

1 Are there substantial grounds for contending that the Refugee Applications commissioner is not entitled to delegate to a contractor the task of preparing a draft report of its investigation? That is the proposition contended for by the applicants in the present leave applications.

2 The facts in the first application may be taken as representative of those in the other cases. The applicant came to the State from Bangladesh and applied for asylum on 11th June, 2015. He was interviewed in accordance with s. 11 of the Refugee Act 1996 by an authorised officer on 19th January, 2016. The next step is for a report of the commissioner's investigation to be prepared. What happened was that the interviewer, described as a 'panel member', prepared a draft report dated 10th February, 2016, which was subsequently adopted by the commissioner on 11th May, 2016 (albeit that the second version was incorrectly also headed 'draft'). On foot of the s.13 report, the...