KA (a minor) v Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Refugee Appeals Tribunal and the Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2014] IEHC 223
Nature of Proceedings:Judicial Review
Judgment Date/s:11 Apr 2014
Judge:McDermott J.
Category:Refugee Law
Keywords:Asylum, Asylum application (Examination of an), Child, Minor, Refugee, Refugee Law, Refugee Status
Country of Origin:Ghana / Cameroon
URL:https://www.courts.ie/acc/alfresco/9f7e6665-b457-49e0-af8c-218bd002a1b4/2014_IEHC_223_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: By notice of motion dated 7th October, 2013, the applicant initiated an application for leave to apply by way of judicial review for an order of certiorari quashing the decision of the Refugee Appeals Tribunal to refuse her application for refugee status. The respondents subsequently issued a notice of motion pursuant to O.19, r.28 RSC seeking an order dismissing … Read More

Principles:

A specific statutory jurisdiction exists under s. 5 of the Illegal Immigrants (Trafficking) Act 2000 to deal with the question of whether or not substantial grounds have been advanced by an applicant who wishes to challenge a negative decision. A court which has been asked to dismiss proceedings pursuant to its inherent jurisdiction must take that into account. Such jurisdiction must be sparingly exercised and a court will likely refrain from exercising in the absence of bad faith, deliberate prolongation of proceedings to delay the implementation of patently valid orders, or where the invocation of judicial review jurisdiction was inappropriate.

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