PBN (DR Congo) v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:Supreme Court
Citation/s:[2014] IESC 9
Nature of Proceedings:Appeal
Judgment Date/s:21 Feb 2014
Judge:Fennelly, McKechnie and Laffoy JJ.
Category:Deportation
Keywords:Deportation, Deportation Order, Protection (Subsidiary), Refoulement
Country of Origin:Democratic Republic of Congo
URL:http://www.courts.ie/Judgments.nsf/0/F96AA1C4318CE08E80257C8A004F7302

Facts: The applicant, a national of the Democratic Republic of Congo (“DRC”), was the subject of a deportation order and she sought unsuccessfully to re-enter the asylum process by making an application pursuant to Section 17(7) of the Refugee Act 1996. Her application was refused and she issued judicial review proceedings seeking leave to challenge the refusal, contending that the … Read More

Principles:

Where an applicant makes out an arguable case that an injunction should be granted to enjoin deportation, then the balance of convenience may favour granting an injunction pending the hearing of a leave application seeking to challenge the validity of a deportation order where a credible basis has been shown on the evidence that there is a real risk of significant harm to the applicant if he or she were deported pending that hearing.

Where evidential conflicts are raised on the documents exhibited in the course of an injunction application, the Supreme Court should not attempt to resolve them on an interlocutory application, that being a matter for the High Court at the hearing of the application for leave.

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