O.A. (Nigeria) (A Minor) v The International Protection Appeals Tribunal No.2

• Jurisdiction: Ireland
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 18 December 2018
• Neutral Citation: [2018] IEHC 753
• Docket Number: [2018 No. 15 J.R.]
• Court: High Court
• Date: 18 December 2018

[2018] IEHC 753

THE HIGH COURT

JUDICIAL REVIEW

Humphreys J.

[2018 No. 15 J.R.]

BETWEEN

O.A. (NIGERIA)

AND

F.A. (A MINOR SUING BY HIS MOTHER AND NEXT FRIEND O.A.)

APPLICANTS

AND

THE INTERNATIONAL PROTECTION APPEALS TRIBUNAL, THE MINISTER FOR JUSTICE AND EQUALITY, THE ATTORNEY GENERAL

AND

IRELAND

RESPONDENTS

(No. 2)

Asylum & Immigration – Deportation – Refusal of application for international protection – Refusal of application for certiorari in respect of IPAT decision – Leave to appeal

Facts: The applicants were Nigerian nationals who claimed the mother had been the victim of threats to kill. They had received deportation orders and applied for international protection, which was refused, this refusal being upheld on appeal to the IPAT. The applicants had applied for review seeking certiorari in respect of the IPAT decision, which was refused (See [2018] IEHC 661). They now sought leave to appeal

Held, that the application would be dismissed. There was not a question of public importance at stake in the matter, and the applicants’ claim was without merit.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 18th day of December, 2018

1 In O.A. (Nigeria) v. International Protection Appeals Tribunal (No. 1) [2018] IEHC 661 (Unreported, High Court, 20th November, 2018) I refused an application for an order of certiorari of an adverse IPAT decision. The applicants now seek leave to appeal. I have considered the caselaw on leave to appeal as set out in Glancré Teoranta v. An Bord Pleanála [2006] IEHC 250 (Unreported, MacMenamin J., 13th November, 2006) and Arklow Holidays v. An Bord Pleanála [2008] IEHC 2, per Clarke J. (as he then was). I have also discussed these criteria in a number of cases, including S.A. v. Minister for Justice and Equality (No. 2) [2016] IEHC 646 [2016] 11 JIC 1404 (Unreported, High Court, 14th November, 2016) (para. 2), and Y.Y. v. Minister for Justice and Equality (No. 2) [2017] IEHC 185 [2017] 3 JIC 2405 (Unreported, High Court, 24th March, 2017) (para. 72). I have received helpful submissions from Mr. Mark de Blacam S.C. (with Mr. Garry O'Halloran B.L.) for the applicants and from Ms. Sarah Cooney B.L. for the respondents.

2 The proposed question of exceptional public importance is set out at para. 17 of the applicant's written submissions: ‘Whether in the light of (a) the rights of a child and (b) the Tribunal's shared burden with regard to the establishment of a claim to international protection, the Tribunal was bound, when dealing with a claim made on behalf of [a] four year old child, born in Ireland but liable to deportation to Nigeria, to examine a claim that the child might come within a social group, such as homeless and destitute children in Nigeria, or whether the claim to...