S v Minister for Justice & Equality and anor

JurisdictionIreland
JudgeO'Donnell J.,MacMenamin J.,Charleton J.
Judgment Date30 October 2018
Neutral Citation[2018] IESCDET 160
Docket Number2017 No. 767 JR
CourtSupreme Court
Date30 October 2018

[2018] IESCDET 160

THE SUPREME COURT

DETERMINATION

O'Donnell J.

MacMenamin J.

Charleton J.

2017 No. 767 JR

BETWEEN
P N S
APPLICANT
AND
THE MINISTER FOR JUSTICE AND EQUALITY
IRELAND AND THE ATTORNEY GENERAL
RESPONDENTS
APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.4° OF THE CONSTITUTION APPLIES

RESULT: The Court adjourns consideration of this application for leave pending the determination of the Court in the companion case of KJM v Minister for Justice and Equality, Ireland and the Attorney General.

REASONS GIVEN:

ORDER SOUGHT TO BE APPEALED
COURT: High Court
DATE OF JUDGMENT OR RULING: 16 th July, 2018
DATE OF ORDER: 27 th July, 2018
DATE OF PERFECTION OF ORDER: 27 th July, 2018
THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON 23 rd August, 2018 AND WAS IN TIME.
DECISION:
1

These proceedings were heard and determined at the same time as proceedings entitled KJM v The Minister for Justice and Equality, Ireland and the Attorney General. The proceedings raise essentially the same issues. However, in this case subsequent to the determination of the decision in the High Court, and before the decision of the High Court on the question of the application for a certificate of leave to appeal, the deportation order in question was withdrawn. This has the effect of rendering the present appeal largely if not completely moot. However, since leave has been granted in the companion case, the Court proposes to adjourn this application for consideration in the light of the decision of this Court in the case of KJM v The Minister for Justice and Equality, Ireland and the Attorney General.

And it is hereby so ordered accordingly.

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2 cases
  • P.N.S. and anor v The Minister for Justice & Equality
    • Ireland
    • Supreme Court
    • 31 March 2020
    ...appeal, largely moot. Nonetheless, he still applied to this Court for leave and by way of a Determination, dated 30 th October, 2018 ( [2018] IESCDET 160) it was held that due to the extreme factual and legal similarities in both cases, it would make most sense to adjourn consideration of h......
  • P.N.S. (Cameroon) v The International Protection Appeals Tribunal
    • Ireland
    • High Court
    • 22 March 2019
    ...The applicant sought leave to appeal from the Supreme Court, and in its determination, S. v. Minister for Justice and Equality [2018] IESCDET 160, that court adjourned the matter to await the outcome of a separate case, M. v. Minister for Justice and Equality [2018] IESCDET 159. The revocat......

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