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