The Irish Supreme Court has overturned the High Court’s decision to grant leave to a South African family’s application for judicial review which fell outside the 14 day legal time limit to bring an action. The decision related to the Refugee Appeals Tribunal’s refusal of the family's refugee status.
The High Court permitted leave for judicial review to be granted outside the time limit because it was felt that the time limit breached the EU law principle of equivalence. Judge Hogan however also held that the time limit did not breach the EU law principle of effectiveness. He held that it failed the principle of equivalence because there was more time allowed to grant leave for judicial review cases regarding planning and other administrative decision than was allowed for immigration cases. The court made this remark despite it being up to EU Member States to apply their own limitation periods. Judge Hogan said that the public interest involved in decisions regarding asylum matters required more “legal certainty and a desire to protect third parties who might be affected by the invalidity of an administrative decision”. He suggested that the eight week time limit for judicial review applications regarding planning decisions would be more suitable for decisions regarding asylum matters due to the public interest involved in these matters.
Click here to read the full High Court decision.
The Supreme Court however held that the 14 day time limit did not breach either the principles of effectiveness or equivalence. Justice Fennelly said the European Court of Justice had made it clear it was only the national court that could decide whether a national provision breached the principle of equivalence. The court also found that the time limit did not discriminate against EU claims on refugee status as the 14 day limit applied to judicial review applications on asylum matters regardless of whether it was brought under Irish law or EU law.
Click here to read the full Supreme Court decision.
Click here to read a full report of the case in the Irish Times.