Mukovska v Minister for Justice and Minister for Foreign Affairs


Mukovska v Minister for Justice and Minister for Foreign Affairs
Respondent/Defendant:Minister for Justice, Ireland and Minister for Foreign Affairs
Court/s:Court of Appeal
Citation/s:[2021] IECA 340
Nature of Proceedings:Appeal
Judgment Date/s:21 Dec 2021
Judge:Hunt T.
Keywords:Overstay(er), Student, Visa
Country of Origin:Ukraine


The appellant, a Ukrainian national, applied for a student visa for Ireland to attend an English language course. The visa application was refused on the grounds of, inter alia, insufficient finances and that the need to undertake the course was not demonstrated or warranted. The appellant’s appeal was also refused. The Appeal Officer’s refusal cited an additional reason for the refusal, that of a concern that the appellant might overstay her visa.

The applicant brought judicial review proceedings challenging the refusal. In the High Court ([2018] IEHC 641), no deficiencies were found in the decision-making process. The appellant appealed this decision to the Court of Appeal.


The preliminary objection to the case submitted by the Minister was that it was moot and there was a lack of utility or practical benefit of the case. This was dismissed. It was held, inter alia, that the fact that the applicant could not revisit or replicate the context in which the visa application was refused was not a basis in itself for refusing judicial review and that a refusal of a visa could adversely affect her future visa applications.

On the first ground of appeal, contesting the finding that the need to undertake the course in the State was not demonstrated or warranted (the ‘CP’ reason), Hunt J. found the reasoning inadequate. It was stated that the level of detail that must be set out in reasons is dependent on and influenced by the nature of the decision in each case. While the appellant was informed of the conclusion, she was not informed of the essential rationale for that conclusion.

With regard to the finding that the appellant would fail to observe the conditions of her visa (‘OC’ reason), Hunt J. found the reasons given unreasonable and irrational. The appellant had submitted evidence to prove that she would observe the conditions of the visa, including that she had previously left the State within the requisite timeframe. The consideration of the evidence submitted by the applicant was found to be unsatisfactory. This included the Appeals Officer’s reference to fact that she did not have a departure stamp from when she previously left Ireland, which was found to be unreasonable because there was no evidence that Dublin Airport had any organised immigration departure formalities where such a stamp might be obtained or received. It was further held that if the conclusion of the Appeals Officer was based on a view that the appellant was a visa overstayer who had submitted dubious travel documents, the reasons given failed to express an essential rationale.

Decision: The reasons given in the visa refusal were inadequate for the purposes of judicial review and/or for any further application for a visa by the appellant, in line with the essential rationale requirement.

The Court of Appeal allowed the appeal, setting aside the judgment of the High Court, and granted an order of certiorari quashing the decision of the Appeals Officer to refuse the visa appeal.

Principles:Reasons, even if terse, short-form, broad and/or general, must nonetheless disclose the essential rationale of a decision, whether it is discretionary, or concerned with a benefit or privilege rather than a right or obligation. The level of detail that must be set out in reasons is dependent on and influenced by the nature of the decision in each case.
Go Back