The applicant had sought judicial review of her refusal of asylum and of her deportation order. She then sought to amend her statement of grounds to include four further grounds. The applicant sought to explain the delay in seeking to amend the grounds by stating that there had been a change of counsel. The Court stated that two of the … Read More
SM v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform |
| Court/s: | Supreme Court |
| Citation/s: | [2005] IESC 27 |
| Judgment Date/s: | 03 May 2005 |
| Category: | Deportation |
| Keywords: | Deportation, Deportation Order |
| URL: | https://www.courts.ie/acc/alfresco/c9a2b7be-0682-4e59-a259-d77656c085c8/2005_IESC_27_1.pdf/pdf#view=fitH |
| Principles: | If an applicant seeks to amend his statement of claim to add grounds that are essentially new grounds, such an application is subject to the usual time limit under Section 5 of the Illegal Immigrants (Trafficking) Act 2000 and the Court would have to be satisfied that there is good and sufficient reason for extending the period in which such new claims could be made. Where a change of counsel is cited as a reason for the delay in seeking to amend, an applicant will have to show that there was a serious error made by the original counsel. |