Sarfaraz v Min for Justice & Refugee Appeals Commissioner

• Jurisdiction: Ireland
• Judge: Finnegan J.
• Judgment Date: 03 July 2001
• Neutral Citation: [2001] IEHC 80
• Court: High Court
• Date: 03 July 2001
• Docket Number: No.792JR/2000

[2001] IEHC 80

THE HIGH COURT

No.792JR/2000

SARFARAZ v. MIN FOR JUSTICE & REFUGEE APPEALS COMMISSIONER

Judicial Review

BETWEEN

SINA SARFARAZ

APPLICANT

AND

THE MINISTER FOR JUSTICE EQUALITY AND LAW REFORM AND THEREFUGEE APPEALS COMMISSIONER

RESPONDENTS

Citations:

ILLEGAL IMMIGRANTS (TRAFFICING) ACT 2000 S5

HOPE HANLAN LETTER (PROCEDURES)

REFUGEE ACT 1996

ILLEGAL IMMIGRANTS (TRAFFICING) ACT 2000 S28

HOPE HANLAN LETTER (PROCEDURES) PARA 8

HOPE HANLAN LETTER (PROCEDURES) PARA 10

REFUGEE ACT 1996 S11(1)

REFUGEE ACT 1996 S11(2)

FAKIH V MIN FOR JUSTICE 1993 2 IR 406

REFUGEE ACT 1996 S13

Synopsis:

Aliens

Aliens; application for refugee status; compliance with statutory procedures; transitional statutory provisions; applicant seeks leave to apply for judicial review of refusal to grant refugee status; applicant had been interviewed under procedures then in force for assessing refugee applications; assessment of report and recommendation of official dealing with application under old procedures had been furnished to Minister after coming into force of new statutory assessment procedure; whether substantial grounds for contending that applicant is entitled to declaration that decision to refuse refugee status to applicant is null and void or failed to comply with proper procedures; whether interview conducted and making of report had been "step taken" within meaning of transitional statutory provision; s. 28, Refugee Act 1996.

Held: Relief granted; procedures to resume with consideration of report of interview conducted under old procedures applying new statutory provisions to assessment stage..

Sarfaraz v. The Minister for Justice, Equality, and Law Reform - High Court: Finnegan J. - 03/07/2001 - [2001] 3 IR 224

The applicant had sought refugee status which had been refused. The applicant sought to challenge the decision on the grounds that the Hope Hanlan procedures had not been fully complied with. Mr. Justice Finnegan agreed with the submissions of the applicant and granted the relief claimed.

1 Finnegan J.delivered on the 3rd day of July 2001.

2 This matter comes before me as an application for leave to apply for relief by way of Judicial Review the application being one within the provisions of the Illegal Immigrants (Trafficing) Act 2000Section 5. On the application for leave the matter was fully argued and the parties agreed that if I was satisfied that they are substantial grounds for contending that that the Applicant is entitled to the relief claimed that I should go on to determine the application. I am satisfied that there are substantial grounds for contending that the Applicant is entitled to the relief sought in the Statement of Grounds for Judicial Review at paragraph (d) (iii) upon the grounds set out in paragraph (e) (i) to (iv) therein. The relief sought at paragraph (d) (iii) is asfollows:-

"(iii) a declaration that the decision of a civil servant to refuse refugee status to the Applicant, which decision was arrived at on the 27th day of November, 2000 is null and void and of no legal effect. In the alternative the said decision arrived at on the said 27th day of November, 2000 was arrived at having failed to comply with the provisions of either the Hope Hanlan procedures or the Refugee Act 1996."

3 The application arises out of the applicability to the Applicant of the provisions of the Immigration Act 1996 Section 28 which provides asfollows:-

4 ldquo;28: Where, before the commencement of this Act, a person had made an application to the Minister for asylum but a decision in relation thereto had not being made by the Minister then, the application shall be deemed to be an application under Section 8 and shall be dealt with accordingly; any step taken by the Minister before such commencement in relation to the application (being a step required to be taken under this...