Illegal Immigrants (Trafficking) Act, 2000
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Judicial review. |
5.—(1) A person shall not question the validity of— | |
(a) a notification under section 3 (3)(a) of the Immigration Act, 1999 , | ||
(b) a notification under section 3 (3)(b)(ii) of the Immigration Act, 1999 , | ||
(c) a deportation order under section 3 (1) of the Immigration Act, 1999 , | ||
(d) a refusal under Article 5 of the Aliens (Amendment) (No. 2) Order, 1999 ( S.I. No. 24 of 1999 ), | ||
(e) an exclusion order under section 4 of the Immigration Act, 1999 , | ||
(f) a decision by or on behalf of the Minister to refuse an application for refugee status or a recommendation of an Appeal Authority referred to in paragraph 13 of the document entitled “Procedures for Processing Asylum Claims in Ireland” which, as amended, was laid by the Minister for Justice, Equality and Law Reform before the Houses of the Oireachtas in March 1998, | ||
(g) a recommendation under section 12 (as amended by section 11 (1)(h) of the Immigration Act, 1999 ) of the Refugee Act, 1996 , | ||
(h) a recommendation of the Refugee Applications Commissioner under section 13 (as amended by section 11 (1)(i) of the Immigration Act, 1999 ) of the Refugee Act, 1996 , | ||
(i) a decision of the Refugee Appeals Tribunal under section 16 (as amended by section 11 (1)(k) of the Immigration Act, 1999 ) of the Refugee Act, 1996 , | ||
(j) a determination of the Commissioner or a decision of the Refugee Appeals Tribunal under section 22 (as amended by section 11 (1)(p) of the Immigration Act, 1999 ) of the Refugee Act, 1996 , | ||
(k) a refusal under section 17 (as amended by section 11 (1)(l) of the Immigration Act, 1999 ) of the Refugee Act, 1996 , | ||
(l) a determination of an officer appointed under section 22 (4)(a) of the Refugee Act, 1996 , | ||
(m) a decision of an officer appointed under section 22 (4)(b) of the Refugee Act, 1996 , or | ||
(n) a decision under section 21 (as amended by section 11 (1)(o) of the Immigration Act, 1999 ) of the Refugee Act, 1996 , | ||
otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (hereafter in this section referred to as “the Order”). | ||
(2) An application for leave to apply for judicial review under the Order in respect of any of the matters referred to in subsection (1) shall— | ||
(a) be made within the period of 14 days commencing on the date on which the person was notified of the decision, determination, recommendation, refusal or making of the Order concerned unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and | ||
(b) be made by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave) to the Minister and any other person specified for that purpose by order of the High Court, and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision, determination, recommendation, refusal or order is invalid or ought to be quashed. | ||
(3) (a) The determination of the High Court of an application for leave to apply for judicial review as aforesaid or of an application for such judicial review shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case except with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court. | ||
(b) This subsection shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution. | ||
(4) The High Court shall give such priority as it reasonably can, having regard to all the circumstances, to the disposal of proceedings in that Court under this section. | ||
(5) The Superior Court Rules Committee may make rules to facilitate the giving of effect to subsection (4). | ||
(6) References in this section to the Order shall be construed as including references to the Order as amended or re-enacted (with or without modification) by rules of court. |