OMR v Minister for Justice and Equality

• Jurisdiction: Ireland
• Court: High Court
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 14 November 2016
• Neutral Citation: [2016] IEHC 655
• Docket Number: [2016 No. 743 J.R.]
• Date: 14 November 2016

[2016] IEHC 655

THE HIGH COURT

JUDICIAL REVIEW

Humphreys J.

[2016 No. 743 J.R.]

BETWEEN

O.M.R.

APPLICANT

AND

MINISTER FOR JUSTICE AND EQUALITY, THE REFUGEE APPEALS TRIBUNAL, IRELAND

AND

THE ATTORNEY GENERAL

RESPONDENTS

(No. 2)

Asylum, Immigration & Nationality – Dismissal of first judicial review proceedings – Leave to appeal – Initiation of second judicial review proceedings – Injunction – Appropriate remedy

Facts: Following the dismissal of the applicant's first judicial review proceedings by the Court, pending the hearing of leave to appeal application and an appeal before the second named respondent, the applicant had initiated the second judicial review proceedings. The applicant sought an injunction to restrain the second named respondent from hearing the appeal. The second named respondent contended that it had listed the matter for hearing on foot of the decision of the Court in the first judicial review proceedings. The applicant contended that since the second named respondent was not a party to the first judicial review proceedings, the more apt way was to lodge the second judicial review proceedings.

Mr. Justice Richard Humphreys refused to grant injunction to the applicant. The Court held that the appropriate remedy for the applicant was to file an application for stay in the first judicial review proceedings pending the determination of the application for leave to appeal. The Court found that the injunction granted earlier had been expired and the present proceedings were fundamentally flawed and could not be used to seek an extension of that injunction.

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

1 The applicant has brought judicial review proceedings challenging a decision of the Refugee Applications Commissioner, and has contended that he should not be required to exhaust the remedy of appeal to the Refugee Appeals Tribunal. These proceedings O.M.R. v. Minister for Justice Equality (No. 1) [2016] IEHC 532 (unreported, High Court, 6th September 2016) have recently been dismissed by Faherty J. An application for leave to appeal is currently pending.

2 On foot of the decision in O.M.R. (No. 1), the tribunal listed the applicant's appeal for hearing on 28th September, 2016, in accordance with the judgment of MacEochaidh J. in H.T.K. v. Minister for Justice Equality [2016] IEHC 43 (unreported, High Court, 15th January 2016).

3...