B v Governor of the Training Unit Glengariff Parade

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Respondent/Defendant:Governor of the Training Unit Glengariff Parade
Court/s:High Court, Supreme Court
Citation/s:[2002] IESC 16, Unreported
Judgment Date/s:30 Jan 2002
Category:Deportation
Keywords:Deportation, Deportation Order
URL:https://www.courts.ie/acc/alfresco/6a126814-20bf-4e70-a239-97acc5b183ec/2002_IESC_16_1.pdf/pdf#view=fitH

The applicant sought leave to extend time, if necessary, pursuant to the Illegal Immigrants (Trafficking) Act 2000 to bring judicial review proceedings challenging the deportation order made against him. The applicant argued that the Minister had not complied with the notification requirements of the statutory scheme. The applicant made his original asylum application at a Dublin address. He later moved to Dundalk and registered there with the Gardai. The deportation notice was sent to the Dublin address. The appellant argued that since the Act of 2000 came into force, the notice of deportation should have been given to him at the address he notified in September 2000 to the Immigration Officer at Dundalk Garda Station and that the deportation order had not been notified to him.

The High Court refused to extend time and the applicant appealed to the Supreme Court. Allowing the applicant appeal without the leave of the High Court  but dismissing the appeal as such, the Supreme Court found that as the applicant had changed address without informing the authorities, was found to have known about the existence of the deportation order and had not complied with the statutory period for the taking of judicial review proceedings, there was not a good or sufficient reason to allow the extension of time sought.

Principles:

A refusal by the High Court of an extension of time can be appealed to the Supreme Court without leave of the High Court.

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