V J v Minister for Justice and Equality
| Jurisdiction | Ireland |
| Judge | McKechnie J.,O'Donnell J. |
| Judgment Date | 15 May 2018 |
| Neutral Citation | [2018] IESCDET 69 |
| Docket Number | 2012 No. 562 JR |
| Court | Supreme Court |
| Date | 15 May 2018 |
[2018] IESCDET 69
THE SUPREME COURT
DETERMINATION
O'Donnell J.
McKechnie J.
Finlay Geoghegan J.
2012 No. 562 JR
AND
Subsidiary protection – Leave to appeal – Extension of time – State parties seeking leave to appeal – Whether an extension of time for the purposes of bringing the application should be granted
Facts: The applicant was granted leave to seek judicial review by the High Court (Cooke J) on the 31st July 2012 in respect of a decision to refuse subsidiary protection made on the 3rd April 2012. The High Court (McDermott J) dismissed the applicant’s claim, but having permitted the applicant to amend the proceedings, quashed the decision refusing subsidiary protection on an interpretation of the decision of the High Court and that of the European Court of Justice on a reference in MM. The State parties, the Minister for Justice and Equality, Ireland and the Attorney General, sought leave to appeal to the Supreme Court from that decision.
Held by O’Donnell J, McKechnie J and Finlay Geoghegan J that, for the reasons set out in the companion determinations ML v The Minster for Justice and Equality, Ireland and the Attorney General [2018] IESCDET 68 and JCM v The Minister for Justice and Equality, Ireland and the Attorney General [2018] IESCDET 70, it was in the interests of justice that the complex litigation surrounding the subsidiary protection regime should be determined in one court.
O’Donnell J, McKechnie J and Finlay Geoghegan J held that the Court would grant leave to appeal to the Minister on the grounds set out in paragraph 6 of the application for leave and would also grant to the Minister an extension of time for the purposes of bringing the application.
Application granted.
ORDER SOUGHT TO BE APPEALED
| COURT: High Court |
| DATE OF JUDGMENT OR RULING: 20 th of June 2017 |
| DATE OF ORDER: 21 st of July 2017 |
| DATE OF PERFECTION OF ORDER: 22 nd of November 2017 |
| THE APPLICATION FOR LEAVE TO APPEAL WAS MADE ON the 22 nd of December 2017 AND WAS NOT IN TIME. |
The...
To continue reading
Request your trial
-
L -v- Minister for Justice
...J should be sustained, namely the grounds which McDermott J had dismissed. By determinations dated 15 May 2018 ([2018] IESCDET 68, [2018] IESCDET 69, and [2018] IESCDET 70) the court granted leave to the Minister to appeal directly to the court in order to resolve all outstanding issues in ......
-
M L v Minister for Justice and Equality
...Ireland and the Attorney General [2018] IESCDET 70 and VJ v The Minister for Justice and Equality, Ireland and the Attorney General [2018] IESCDET 69. 2 The Minister for Justice and Equality, Ireland and the Attorney General (hereafter the ‘State parties’) seek leave to appeal pursuant to A......