V B. and Others v the Minister for Justice and Equality

• Jurisdiction: Ireland
• Court: High Court
• Judge: Ms. Justice O'Regan
• Judgment Date: 03 April 2017
• Neutral Citation: [2017] IEHC 201
• Docket Number: [2017 No. 259 J.R.]
• Date: 03 April 2017

BETWEEN

V. B.

AND

OTHERS

APPLICANTS

AND

THE MINISTER FOR JUSTICE AND EQUALITY

RESPONDENT

[2017] IEHC 201

O'Regan J.

[2017 No. 259 J.R.]

THE HIGH COURT

JUDICIAL REVIEW

Asylum, Immigration & Nationality – S.3 of the Immigration Act 1999 – Leave to remain in State – Delay

Facts: The applicants sought leave to apply for an order of mandamus for directing the respondent to issue a decision in relation to the applicants' application for leave to remain in the State. The respondent replied that it had communicated to the applicants that their application was being processed along with other applications and that there would not be any unnecessary delay in the matter.

Ms. Justice O'Regan refused to grant leave to the applicants. The Court held that the applicants did not demonstrate that any adverse prejudice was caused to them by the delay in making the decision by the respondent. The Court held that in order to ascertain the reasonableness of a decision depended upon the circumstances of each case. The Court observed that an order of mandamus would not be issued against any administrative authority simply because that authority was duty bound to act in a prescribed manner. The Court held that there should be egregious or culpable delay on the party of the decision-maker warranting judicial intervention.

JUDGMENT of Ms. Justice O'Regan delivered on the 3rd day of April, 2017

1 The above mentioned five applicants, being two parents and three children, applied for leave to seek an order of mandamus against the respondent directing the respondent to issue a decision in respect of the applicants' application for leave to remain in the State pursuant to s. 3 of the Immigration Act 1999, by virtue of an ex parte docket of 15th March, 2017.

2 The proposed statement of grounds is dated 15th March, 2017 and identifies that the parents are Mauritian nationals who were married in 2005 and came to Ireland January, 2007 both having student visas which expired 2nd March, 2012. The three children were born in Ireland.

3 Enquiries were made by the applicants as to securing a further visa in or about August, 2012 and ultimately a series of communications was entered into commencing on 2nd December, 2012. These communications to the respondent were for stamp 4 permission, permission pursuant to s. 4(7) of the 2004 Act and various requests of the respondent to issue a notice under s. 3 of the 1999 Act so as to enable the applicants to make representations to the respondent on a humanitarian basis. During the currency of this exchange evidence was afforded that the husband had a job offer (a letter of 7th October, 2015) and the delay in regularising their status had an adverse impact on the wife's health – a medical report was submitted under cover letter on 3rd March, 2016.

4 In the events the relevant s. 3 letter issued from the respondent on 25th May, 2016 and representations were made on behalf of the applicants on 15th June, 2016. Subsequently three further letters were sent each affording the Minister 28 days within which to make a decision. Included was a letter of 8th December, 2016 wherein the applicants sought priority for their application.

5 In a letter of 26th January, 2017 the respondent indicated that the applicants were among many to be considered by the respondent at that time and accordingly it was not possible to provide a specific indication as to when the applicant's case would be finalised. However the respondent indicated that the applicants could be assured that there would be no avoidable delay in having...