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High Court of Ireland Decisions |
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You are here: BAILII >> Databases >> High Court of Ireland Decisions >> Meadows v. Minister for Justice, Equality and Law Reform & Anor [2003] IEHC 79 (19 November 2003) URL: http://www.bailii.org/ie/cases/IEHC/2003/79.html Cite as: [2003] IEHC 79 |
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Meadows v. Minister for Justice, Equality and Law Reform & Anor [2003] IEHC 79 (19 November 2003)
THE HIGH COURT
JUDICIAL REVIEW
Record No 2002/456 JR
IN THE MATTER OF THE REFUGEE ACT 1996 AS AMENDED
IN THE MATTER OF THE IMMIGRATION ACT, 1999 AND IN THE MATTER OF THE ILLEGAL IMMIGRANTS (TRAFFICKING) ACT, 2000
BETWEEN
ABOSED OLUWATOYIN MEADOWS
APPLICANT
AND
THE MINISTER FOR JUSTICE EQUALITY AND LAW REFORM IRELAND AND THE ATTORNEY GENERAL
RESPONDENTS
JUDGMENT of Mr. Justice Gilligan delivered on the 19th day of November 2003
Following up on my judgment as delivered herein on the 4th day of November, 2003 I am asked by counsel for the applicant for leave to appeal my decision to the Supreme Court pursuant to s. 5(3)(a) of the Illegal Immigrants (Trafficking) Act, 2000.
It is quite clear from my judgment that I consider that there is a point of law at issue in this case, namely as to whether or not "in determining the reasonableness of an administrative decision which affects or concerns constitutional rights or fundamental rights is it correct to apply the standard as set out in O'Keeffe v An Bord Pleanála [1993] 1 I.R. 39."
I take the view that this point of law is of exceptional public importance in that it is a matter which concerns the identification and clarification of an uncertain constitutional right or fundamental right. It is a point of law which has been discussed in some detail in a number of recent Supreme Court decisions which I have already referred to in the course of my judgment as handed down.
I take the view that the point of law involved transcends the facts of this particular case. It is in my view desirable in the public interest that the point of law which arises be determined by way of appeal to the Supreme Court.
I certify that the point of law which arises herein is one of exceptional public importance and it is desirable in the public interest that an appeal should be taken to the Supreme Court.
Accordingly I grant leave to the applicant herein pursuant to s. 5(3)(a) of the Illegal Immigrants (Trafficking) Act, 2000 to appeal my decision to the Supreme Court.
