N.D [Nigera] (No.2) v The Minister for Justice and Law Reform

• Jurisdiction: Ireland
• Judge: Mr. Justice Cooke
• Judgment Date: 28 February 2012
• Neutral Citation: [2012] IEHC 86
• Court: High Court
• Date: 28 February 2012

[2012] IEHC 86

THE HIGH COURT

[No. 129 J.R./2011]

D (N) [Nigeria] v Min for Justice (No 2)

MR JUSTICE COOKE

APPROVED TEXT

JUDICIAL REVIEW

BETWEEN

N. D. [Nigeria] (No. 2)

APPLICANT

AND

THE MINISTER FOR JUSTICE AND LAW REFORM

RESPONDENT

ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5(3)

EUROPEAN COMMUNITIES (ELIGIBILITY FOR PROTECTION) REGS 2006 SI 518/2006 REG 4(5)

ILLEGAL IMMIGRANTS (TRAFFICKING) ACT 2000 S5(3)(A)

O (O) & O (B) (A MINOR) v MIN FOR JUSTICE & ORS UNREP COOKE 4.5.2011 2011/43/12294 2011 IEHC 175

PRACTICE & PROCEDURE

Leave to appeal

Immigration - Deportation - Judicial review - Refusal of leave to apply - Point of law of exceptional public importance - Public interest in appeal - Whether law stood in state of uncertainty - Whether public interest in appeal - Whether point intended to be raised in appeal could be raised in appeal for which leave not required - Whether official working on subsidiary protection file would be biased by having worked on deportation file - OO v Minister for Justice [2011] IEHC 175 (Unrep, Cooke J, 4/5/2011) followed - European Communities (Eligibility for Protection) Regulations 2006 (SI 518/2006), reg 4(5) - Illegal Immigrants (Trafficking) Act 2000 (No 29), s 5(3) - Leave to appeal refused (2011/129JR - Cooke J - 28/2/2012) [2012] IEHC 86

D(N) v Minister for Justice and Equality (No 2)

Facts: The applicant sought a certificate pursuant to s. 5(3) Illegal Immigrants (Trafficking) Act 2000 for leave to appeal to the Supreme Court a rejection of an application for subsidiary protection and also seeking to challenge a deportation order. The applicant sought a certificate for leave to appeal on the question of whether Regulation 4(5) of the European Communities (Eligibility for Protection) Regulations, 2006 precluded the Minister from considering whether a deportation order should be made in relation to an applicant for subsidiary protection prior to the making of a final determination of the application for subsidiary protection. The proposed point of law had already been the subject of consideration and rejection in a similar application.

Held by Cooke J. that it was not necessary to grant a certificate of leave to appeal and it was not desirable for the appeal to be taken in the public interest.

Reporter: E.F.

1 1. On the 2 ^nd February, 2012, the Court gave judgment upon the applicant's application for leave to seek judicial review of (a) the determination of an application for subsidiary protection by a letter of the 8 ^th December, 2010, and (b) a deportation order made in respect of the applicant on the 13 ^th January, 2011. The applicant now applies for a certificate under s. 5(3) of the Illegal Immigrants (Trafficking) Act 2000, for leave to appeal to the Supreme Court against so much as that judgment and the order of the Court as refused leave in respect of the deportation order. Such a certificate is not necessary for an appeal to the Supreme Court in respect of the determination of the application for subsidiary protection and the Court has been informed that it is the applicant's intention to take such an appeal irrespective of the outcome of the present application.

2 2. So far as concerns the application for leave to challenge the deportation order, the main focus of the arguments advanced on behalf of the applicant was directed at the issue addressed at para. 28 et seq of the judgment namely, the alleged invalidity of the deportation order by reference to Regulation 4(5) of the European...