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
PBN (DR Congo) v Minister for Justice and Equality
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 |
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. |