Mr Justice Bradley delivered a judgment in the High Court on 1 November 2024 on an application for leave to appeal made by K (the “Applicant”) against the Minister for Justice (the “Respondent”). The Applicant sought leave to appeal a judgment from May 2024, in which the Court had refused the Applicant’s challenge to a reviewed decision made by the Respondent. This decision had affirmed the decision to make removal and exclusion orders in accordance with Regulations 20 and 23 of the European Communities (Free Movement of Persons) Regulations 2015 (the “2015 Regulations”).
Under the Illegal Immigrants (Trafficking) Act 2000, an application for leave to appeal requires the applicant to establish that each point of law identified is of exceptional public importance and that it is desirable in the public interest for an appeal to proceed. The judgments in MAU v Minister for Justice, Equality and Law Reform (No.3) and Glancré Teo v An Bord Pleanála further clarify the statutory requirements for obtaining a certificate for leave to appeal. The Court must be satisfied that the point of law is of exceptional public importance, that its power to certify such a case is exercised sparingly, and that the law in question is uncertain and requires clarification. The point of law must arise directly from the High Court’s decision, and the requirements of exceptional public importance and desirability in the public interest must be considered separately. Additionally, there must be some public benefit in allowing the appeal.
In this case, the Court determined that two questions posed by the Applicant regarding removal and exclusion orders satisfied the statutory requirements to certify an appeal. The first question concerned whether it is permissible to consider any notification, related correspondence, or written communication supplied by the Minister to the addressee of a removal or exclusion order when determining the requirements for removal or exclusion from the State. The second question asked whether it is permissible for the Minister to specify a period within which the addressee must leave the jurisdiction, rather than setting a single date for removal or exclusion to take effect.
The Court concluded that these questions were of systemic importance to the application of removal and exclusion orders, particularly as they pertain to EU citizens in Ireland. Accordingly, the Court certified the two questions as meeting the necessary statutory requirements, as they involved points of law of exceptional public importance and it was desirable in the public interest for the appeal to proceed to the Court of Appeal.
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