Petecel (A Minor) v Minitster for Social Protection

JurisdictionIreland
JudgeMr Justice Max Barrett
Judgment Date04 May 2018
Neutral Citation[2018] IEHC 238
Docket Number2017 No. 582 JR
CourtHigh Court
Date04 May 2018
Between:
CATALIN PETECEL
(SUING THROUGH HIS LEGAL GUARDIAN MARIA PETECEL)
APPLICANT
– AND –
MINISTER FOR SOCIAL PROTECTION

AND

THE ATTORNEY GENERAL
RESPONDENTS

[2018] IEHC 238

2017 No. 582 JR

THE HIGH COURT

Social Welfare Consolidation Act 2005 – Refusal of disability allowance – Declaratory relief – European Union law – Judicial review – Weighty legal issues – Treaty on the Functioning of the European Union ('TFEU')

Facts: The applicant filed a judicial review application against the decision of the first respondent for refusing to give disability allowance to the applicant on the ground that he was not a resident in Ireland. The applicant also sought certain declaratory reliefs and a reference to the Court of Justice under Art.267 of the TFEU regarding certain questions of the European Union law. The applicant contended that the weighty legal issues that arose in the within proceedings had the result that in some shape or form, the present case ended up in the High Court.

Mr. Justice Max Barrett dismissed the application. The Court declined to consider any of the issues raised by the applicant in the within proceedings on the basis that the applicant had failed to exhaust alternative remedies before coming to the Court. The Court noted that the applicant had failed to forward a good reason why he elected to ignore the appeal framework established by the Act of 2005 and commenced the judicial review proceedings. The Court held that the applicant's application would end up in some shape or form before the High Court but that shape or form should typically be the shape or form it had assumed. The Court accepted the point made by Barron J. in McGoldrick v. An Bord Pleanála [1997] 1 I.R. 497, 509, to the effect that where an alternative remedy in the form of appeal existed, the judicial review was not an appropriate remedy.

JUDGMENT of Mr Justice Max Barrett delivered on 4th May, 2018.
1

On 15th September, 2016, Mr Petecel made an application for disability allowance under the Social Welfare Consolidation Act 2005. The application was refused by way of decision of 7th November, 2016 on the grounds that Mr Petecel was not resident in Ireland. By letter of 24th January, 2017, Mr Petecel sought a review of that decision under s.301 of the Act of 2005. By decision of 9th June, 2017, it was decided that Mr Petecel was not eligible for disability allowance. By order of the High Court dated 17th July, 2017, Mr Petecel (suing through his legal guardian) was granted leave to apply for judicial review of the decision of 9th June, 2017. In addition, Mr Petecel seeks certain declaratory relief and a reference to the Court of Justice under Art.267 TFEU regarding certain questions of European Union law.

2

The court respectfully declines to consider at this time any of the issues that Mr Petecel has raised in the within application on the basis that he has failed to exhaust alternative remedies before coming to the court....

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4 cases
  • Word Perfect Translation Services Ltd v Minister for Public Expenditure and Law Reform
    • Ireland
    • Court of Appeal (Ireland)
    • 7 Junio 2018
    ...to dismiss its claim in the substantive proceedings (Word Perfect Translation Services Ltd v Minister for Public Expenditure and Reform [2018] IEHC 238). The appellant confined itself to essentially four grounds of appeal: (i) manifest error in relation to the evaluation of the manner in wh......
  • Petecel v The Minister for Social Protection
    • Ireland
    • Supreme Court
    • 14 Mayo 2020
    ...appealed to the Supreme Court against a decision of the Court of Appeal ([2019] IECA 25) upholding the decision of the High Court ([2018] IEHC 238) to dismiss his claim for judicial review reliefs. The appellant had failed, without consideration of his substantive arguments, because he had ......
  • Petecel v Minister for Social Protection
    • Ireland
    • Supreme Court
    • 18 Julio 2019
    ...v Minister for Social Protection [2019] IECA 25) upholding the decision of the High Court (see Petecel v Minister for Social Protection [2018] IEHC 238) to dismiss their claim for judicial review reliefs. Having conducted an oral hearing on the application, the Court reserved judgment. 2 ......
  • Petecel v Minister for Social Protection
    • Ireland
    • Court of Appeal (Ireland)
    • 6 Febrero 2019
    ...Court Facts: The appellant, Mr Petecel, appealed to the Court of Appeal against the judgment of Barrett J delivered on the 4th May 2018 ([2018] IEHC 238) dismissing the appellant’s application for judicial review. The proceedings related to the appellant’s application for disability allowan......

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