AP v Minister for Justice and Equality (No. 1)

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 17
Nature of Proceedings:Judicial Review
Judgment Date/s:17 Jan 2014
Judge:McDermott J.
Category:Naturalisation, Refugee Law
Keywords:Naturalisation, Refugee
URL:https://www.courts.ie/acc/alfresco/47b878df-6583-4494-a16c-09aece006b2b/2014_IEHC_17_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: Order 31, r. 15 RSC entitles a party to proceedings to notify the other party in whose affidavit reference is made to a document, to produce that document for inspection and permit copies thereof to be taken. If the other party fails to comply, he may not rely on the document(s) in question in evidence, unless he can satisfy … Read More

Principles:

Where an applicant challenges a refusal by the Minister for Justice to grant him a certificate of naturalisation and that decision was based on information contained in certain documents, inspection of such documents under O. 31, rr. 15 and 18 RSC will not necessarily be refused on grounds such as public interest privilege or that inspection would be inimical to the interests of the State if the court is satisfied that those grounds are not made out and if the document or documents in question are clearly relevant to its determination as to whether the refusal to furnish reasons for the refusal of the certificate was unlawful and if they contain information which might directly or indirectly enable the applicant to advance his case or damage that of the Minister in the proceedings.

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