A & B v International Protection Appeals Tribunal & ors

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A & B v International Protection Appeals Tribunal & ors
Respondent/Defendant:The International Protection Appeals Tribunal, The Minister for Justice and Equality, Ireland and the Attorney General
Court/s:Supreme Court
Citation/s:[2022] IESC 35
Nature of Proceedings:Judicial Review /Appeal
Judgment Date/s:19 Jul 2022
Judge:MacMenamin J.
Category:Refugee Law
Keywords:Appeal, Asylum, Asylum Applicant, Deportation Order, Final Decision
Country of Origin:Georgia, Brazil
URL:https://courts.ie/view/judgments/f081dc1c-a3d2-4466-98aa-d2b12e68774a/0df6da0b-dc38-4b7b-9784-c3e79fe99faf/2022_IESC_35_McMenamin%20J.pdf/pdf

Facts: Mr. A, from Georgia, and Ms. B, from Brazil, both separately applied for international protection in Ireland. It was recommended that their applications be refused under section 39(3)(b) of the International Protection Act 2015 and reports were issued to the Minister under section 40 of the 2015 Act recommending the refusal of their applications. Neither appellant brought an appeal … Read More

Principles:The IPAT acted ultra vires in not allowing persons who had received a negative first instance decision to apply for an extension of time to appeal. Persons who are no longer considered applicants may apply to extend the time to appeal a decision issued under section 39 of the International Protection Act 2015.
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T.P. v Minister for Justice and Equality

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T.P. v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:Court of Appeal
Citation/s:[2021] IECA 50
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:22 Feb 2021
Judge:Faherty J.
Category:International protection, Residence
Keywords:Deportation, European Convention on Human Rights (ECHR), Family Life (Right to), Family Member, Family Unity (Right to), Final Decision, Leave to Remain
Country of Origin:Nigeria
URL:www.courts.ie/view/judgments/c7b41c59-f483-4f5b-a629-77963774b876/0a282be6-4bdd-4b8a-a990-e0dac15eae1a/2021_IECA_50%20(Unapproved).pdf/pdf

Facts: The appellant, a Nigerian national, arrived in Ireland in February 2013. He applied for international protection, but this application was unsuccessful. In October 2016, the appellant applied for leave to remain pursuant to section 3 of the Immigration Act 1999, as amended. He had been in a relationship with his partner, a Zimbabwean national, since 2013. His partner’s application … Read More

Principles:The threshold for substantial grounds for judicial review of a refusal of an application for leave to remain was met where the Minister was presented with a person’s de facto family situation and the prospect that their de facto family members were likely to be granted leave to remain were not considered in the requisite weighing exercise undertaken when deciding to issue a deportation order.
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