Adrian Hardiman was an Irish judge who served as a Judge of the Supreme Court from 2000 to 2016.
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.
Callan v Ireland& The Attorney General,[2013] IESC 35; [2013] IR 267; [2013] ILRM 257, was an Irish Supreme Court case which ruled on the decision to commute the sentence of death imposed on Callan to penal servitude for 40 years without allowing for remission. Noel Callan had been sentenced to death in 1985 but had his sentence commuted to 40 years of penal servitude by the President of Ireland, Patrick Hillery. The High Court rejected Callan's appeal that he was eligible for remission. Callan then appealed to the Supreme Court. The Supreme Court found that Callan was indeed serving imprisonment and so by law could request remission of his penalty.
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”.
Sivsivadze v Minister for Justice[2015] IESC 53; [2015] 2 ILRM 73; [2016] 2 IR 403 was an Irish Supreme Court case in which the Supreme Court dismissed a challenge to the constitutionality of section 3(1) of the Immigration Act 1999, under which the Minister for Justice order the deportation of a non-national for an indefinite period.
Dunne v Director of Public Prosecutions, [2002] 2 IR 305; [2002] IESC 27; [2002] 2 ILRM 241, is a reported Irish Supreme Court case in which the Court held that fair procedure imposes a duty on the prosecution to seek out and preserve all evidence that has a bearing or a potential bearing on the issue of guilt or innocence.
Dekra Eireann Teo v Minister of Environment, [2003] 2 IR 270; [2003] 2 ILRM 210; [2003] IESC 25 is an Irish Supreme Court case in which it was decided that the earliest opportunity to apply for a review of a decision made by the court arises within the three-month period after the decision is made, and that courts have no power to extend that time. The Court held that a key feature of both European law and court rules is the policy of urgency.
Attorney General v Oldridge[2000] IESC 29; [2000] 4 IR 593 was an Irish Supreme Court case which examined "whether corresponding offenses to wire fraud existed in Irish law." The court found that although "wire fraud" did not exist in Irish law, the criminal activity was covered by existing fraud laws. The result of this decision was to broaden the use of fraud and specifically to rule that the charge of "conspiracy to defraud" is constitutional.
De Róiste v Minister for Defence, [2001] 1 IR190, [2001] IESC 4; [2001] 2 ILRM 241, was an Irish Supreme Court case in which the Court held that the extended delay in bringing forward an action was grounds for dismissal of charges.
Braddish v DPP[2001] 3 IR 127 was an Irish Supreme Court decision that established principles in relation to gathering of evidence. The Supreme Court ruled that "the Gardaí are under a duty to seek out and preserve all evidence bearing on the guilt and innocence of an accused." Daniel Braddish, the applicant, sought a prohibitory injunction against his approaching prosecution for robbery. Video evidence of the alleged crime had been in the possession of the Gardaí but was no longer available. The effort to have the prosecution overturned was refused in the High Court. On appeal, the Supreme Court was satisfied that the Applicant was entitled to the relief sought and accordingly made an order to quash the prosecution.
The case of Dimbo v Minister for Justice[2008] IESC 26; [2008] 27 ILT 231; [2008] 5 JIC 0101 was a Supreme Court that held that when deciding to make a deportation order in relation to the parents of an Irish born citizen under s.3 of the Immigration Act 1999, the state must consider facts that are specific to the individual child, his or her age, current educational progress, development and opportunities and his/her attachment to the community.
N.V.H. 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.
A.M.S. v Minister for Justice and Equality [2014] IESC 65, [2015] 1 I.L.R.M. 170 was an Irish Supreme Court case in which the Court held that s.18 (4) of the Refugee Act 1996 allowed the Minister for Justice to evaluate the financial burden that a refugee's dependents may put on the State, whilst determining an application for entry.
A v Minister for Justice and Equality, Refugee Applications Commissioner, Ireland and the Attorney General[2013] IESC 18, (2013) 2 ILRM 457 is an Irish Supreme Court case where the Supreme Court concluded that a certificate of leave to appeal was not required in order to appeal to the Supreme Court a decision of the High Court to dismiss proceedings as frivolous or vexatious.
CC v Minister for Justice [2016] 2 IR 680; [2016] IESC 48 is an Irish Supreme Court case in which the Court dismissed an appeal by the State to issue a deportation order against a Malawian family who were seeking asylum in Ireland. In this case, the Court had to reexamine a previously established test with respect to whether an order for deportation could be granted where an appeal was pending within the courts system. Ultimately, the Court decided that there was no need for refinements as the general principle identified in that test can be applied across a wide number of cases.
H.N. v Minister for Justice, Equality and Law Reform and others, [2012] IESC 58; [2013] 1 IR 142, is an Irish Supreme Court case in which the Court referred the following question to the Court of Justice of the European Union for preliminary ruling in accordance with Article 267 Treaty on the Functioning of the European Union (TFEU):
Does Council Directive 2004/83/EC, interpreted in the light of the principle of good administration in the law of the European Union and, in particular, as provided by Article 41 of the Charter of Fundamental Rights of the European Union, permit a Member State, to provide in its law that an application for subsidiary protection status can be considered only if the applicant has applied for and been refused refugee status in accordance with national law?
Okunade v. Minister for Justice & Others[2012] IESC 49 was an Irish Supreme Court case in which the Court ruled that the disruption to family life was sufficient injustice to grant an interlocutory injunction to restrain deportation while the applicants challenged pending deportation orders. The case had become moot by the time that the appeal reached the Supreme Court but proceeded as a test case due to the because the issue of interlocutory injunctions arises in a significant number of Supreme Court cases.
Lobe v Minister for Justice, Equality and Law Reform [2003] IESC 3 was an Irish Supreme Court case in which the Court found that the applicant minors enjoy, in general terms, the right not to be expelled form the state—a right subject to limited qualification. Furthermore, the court found that applicant minors enjoy a constitutional right to be in the care and company of other family members, including their siblings in the state. The consequences of this ruling were significant in that it prohibits the state from deporting the parents and other family members of minors who are applying for asylum until the process is resolved. The case established the "primacy" of the family unit. However, the ruling also resulted in the finding that an Irish citizen who is a minor could, nevertheless, be deported if their non-national parents were deported.
