V J v Minister for Justice and Equality

• Jurisdiction: Ireland
• Court: Supreme Court
• Judge: O'Donnell J.,McKechnie J.,Finlay Geoghegan J.
• Judgment Date: 15 May 2018
• Neutral Citation: [2018] IESCDET 69
• Date: 15 May 2018
• Docket Number: 2012 No. 562 JR

[2018] IESCDET 69

THE SUPREME COURT

DETERMINATION

O'Donnell J.

McKechnie J.

Finlay Geoghegan J.

2012 No. 562 JR

BETWEEN

V J

APPLICANT

AND

THE MINISTER FOR JUSTICE AND EQUALITY

IRELAND

AND

THE ATTORNEY GENERAL

RESPONDENTS

AND

THE HUMAN RIGHTS COMMISSION

NOTICE PARTY

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.

APPLICATION FOR LEAVE TO APPEAL TO WHICH ARTICLE 34.5.4° OF THE CONSTITUTION APPLIES

RESULT: The Court extends time for the bringing of this application and grants leave to the Respondents to appeal to this Court from the High Court.

REASONS GIVEN:

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.

General Considerations

1 The...