Tracey, T/A Engineering Design & Management v Burton, [2016] IESC 16, was an Irish Supreme Court case in which the Supreme Court considered the Irish courts' ability to limit the right of access to the courts and, in extreme cases, to dismiss proceedings.
Adam v The Minister for Justice, Equality and Law Reform [2001] IESC 38 is a reported decision of the Irish Supreme Court, in which the Court, in affirming High Court orders to strike out two judicial review proceedings as frivolous, held that, to challenge the decision of a public authority, one must attempt to rely on proved individual circumstances.
In the case of Meadows v Minister for Justice, Equality, and Law Reform [2010] IESC 3; [2010] 2 IR 701; [2011] 2 ILRM 157, the Supreme Court of Ireland found that the proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on Human Rights. While the case concerned an application for judicial review of an asylum decision, the decision was described as carrying “implications for the whole body of Irish administrative law”.
Dunne v Donohoe [2002] IESC 35, [2002] 2 IR 533 was an Irish Supreme Court Case wherein the court held that a Garda Superintendent was a persona designata and that a guideline issued the Garda Commissioner that imposed fixed preconditions to applications for a firearm certificate would result in the superintendent acting Ultra Vires. By ruling that the guideline interfered with the status of a superintendent as a persona designata, the Court provided an important finding in establishing the limits of discretionary powers under the Irish constitution and the legal standing of guidelines issued under the auspices of a national body.
O'Connell & anor v The Turf Club, [2015] IESC 57, [2017] 2 IR 43 is an Irish Supreme Court case which explored the scope of judicial review in Ireland. It addressed whether the decisions of a sport's organizing body should be amenable to judicial review. In deciding that it was, this decision became a useful reminder that it is not only bodies created by statute, which are generally considered to be subject to public law, that are amenable to Judicial Review by the Courts.
P., L., & B. v Minister for Justice Equality and Law Reform [2001] IESC 107, [2002] 1 ILRM 16 was an Irish Supreme Court case in which the Court ruled that refusal of an application for asylum may constitute a sufficient basis for the government to order the applicant's deportation.
Grace and anor v An Bórd Pleanála & ors[2017] IESC 10 is an Irish Supreme Court case in which the Court clarified the criteria for ''standing'' in relation to judicial review of environmental concerns.
N.H.V. v Minister for Justice & Equality [2017] IESC 35 was an Irish Supreme Court case in which the Court upheld a challenge to the absolute prohibition on employment of asylum seekers contained in Section 9(4) of the Refugee Act 1996 and held it to be contrary to the constitutional right to seek employment.
AAA & Anor v Minister for Justice & Ors, [2017] IESC 80, was an Irish Supreme Court case which arose from the judgment delivered by Cooke J in the High Court on 17 May 2012, due to the fact that the applicant AAA and her children were deported to Nigeria in 2011. The court held that "as a rule" there is no right to an oral hearing in an application for leave to remain on humanitarian grounds and subsidiary protection where there has already been oral hearings in relation to an application for asylum. This decision clarified the grounds under which a claim for subsidiary protection could be heard.
Z. v Minister for Justice, Equality and Law Reform[2002] IESC 14, [2002]; 2 ILRM 215 is an Irish Supreme Court case where the Court ruled that the absence of an oral hearing need not infringe the right of an applicant for refugee status to natural and constitutional justice.
Ams v Minister for Justice and Equality, [2015] 1 ILRM 170; [2014] IESC 65, was an Irish Supreme Court case where the Court held that Section 18 (4) of the Refugee Act 1996 allowed the Minister of Justice to assess the potential financial strain that a refugee's dependents would place on the State while deciding on an application for entry.
D.C. v DPP[2005] 4 IR 281, [2006] ILRM 348; [2005] IESC 77 was an Irish Supreme Court case in which the Court confirmed that the standard to be met for prohibiting a trial is "where there is a real or serious risk of an unfair trial".
T(D) v L(F) & Anor, [2003] IESC 59 is a reported Irish Supreme Court case in which the Court held that in relation to foreign divorce proceedings, the burden of proof is on the parties to establish their domicile. Thus, in this case the Supreme Court dismissed the appeal of the husband and upheld the judgement of the High Court as he was unable to establish his domicile.
Department of Homeland Security v. Thuraissigiam, 591 U.S. ___ (2020), was a United States Supreme Court case involving whether the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which limits habeas corpus judicial review of the decisions of immigration officers, violates the Suspension Clause of Article One of the U.S. Constitution. In the 7–2 opinion, the Court ruled that the law does not violate the Suspension Clause.
T.D v Minister for Justice Equality and Law Reform [2014] IESC 29; [2014] 4 IR 277 is a reported Irish Supreme Court case decision, where the court considered if Section 5(2) of the Illegal Immigrants (Trafficking) Act 2000 was similar to the principles of equivalence and effectiveness under EU law. Ultimately, the Supreme Court dismissed this argument.
Y.Y. v Minister for Justice and Equality[2017] IESC 61 is an Irish Supreme Court case which concerned the deportation of "Y.Y.", who was an Algerian national. Y.Y. was facing deportation from Ireland to his native country, where he was sentenced in absentia to three life sentences and two death sentences for terrorism related offences. Y.Y. appealed to the Supreme Court against a High Court decision that dismissed his challenge to a deportation order made by The Minister for Justice and Equality under the Immigration Act 1999. He argued that if he were deported to Algeria, he would be under a real threat of torture, inhuman or degrading treatment. Thus, deporting him would go against Article 3 of the European Convention on Human Rights (ECHR).
Nowak v Data Protection Commissioner[2016] IESC 18 is an Irish Supreme Court case in which the Court referred the question of what constitutes as personal data to the Court of Justice of the European Union (CJEU). In this case, the Court saw for the first time an applicant contending that an exam script is his personal data. The CJEU decided that the answers provided by a candidate sitting an exam can be considered as information relating to the candidate and thus can be defined as the personal data of the candidate.
Smith v Minister for Justice and Equality[2013] IESC 4 is a reported Irish Supreme Court case that concerned the deportation of one of the appellants, "Mr. Smith", who was a Nigerian national. The appellant argued that the deportation order made against him should be revoked by the Minister for Justice pursuant to section 3(11) of the Immigration Act 1999 for several reasons. The most notable of these was the right of a citizen to have a family; as articulated by the Court of Justice of the European Union in Gerardo Ruiz Zambrano v Office national de l’emploi, a deportation order which would force a citizen of the European Union (EU) to leave the Union was contrary to the principles of EU law, as it would deprive the citizen of their right to live in the Union.
Gt v Kao[2007] IESC 55; [2008] 3 IR 567 is an Irish Supreme Court case which upheld the High Court's decision that, under article 3 of the Hague Convention on the Civil Aspects of Child Abduction, the appellant had acted unlawfully in taking her two children outside of Ireland without permission from the respondent.
Sulaimon v Minister for Justice Equality and Law Reform [2012] IESC 63; was an Irish Supreme Court case which upheld a judgment of the High Court which had previously quashed the decision of the appellant in this case, the Minister for Justice and Equality on his refusal to grant a minor a Certificate of Nationality. The court held that the respondent's father met the criteria based on citizenship calculation of lawful residence in the State and therefore, was entitled to an Irish passport as an Irish citizen.
