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Ireland
Country of Decision : Ireland
Court Name : IE: Supreme Court
Date of decision : 13/10/2020
Type : Judgment
ECLI : 2019:000228
Case Number/Citation/ Document Symbol :

Ivan Seredych v Ministry for Justice and Equality

IE: Supreme Court ruled that the Minister has no obligation to revoke a lawful deportation order/to grant a visa to an applicant who is abroad and received a consent to make a subsequent application

Ivan Seredych, a Ukrainian national, arrived din Ireland in 2001 with his wife, a non-EU national. His application for refugee status was rejected but the couple could remain, and residence permits were renewed until June 2016. The applicant separated from his wife and married an Irish citizen in September 2015, shortly after the birth of their first child. On 18 November 2015 the applicant was convicted of sexual assault (rape) under the Criminal Code. A request for renewal of the residence permit was submitted on 20 May 2016 but the Minister refused it on 5 September 2016 and a deportation order was made under the Immigration Act 1999 on 8 February 2018.

The High Court rejected on 22 March 2018 his appeal against the deportation order and the applicant left on 24 April 2018 to Ukraine where he currently resides. Before leaving Ireland, a subsequent application for international protection was submitted by his lawyer. Following a decision of the International Protection Appeals Tribunal (“IPAT”), the Minister was obliged to consent to the subsequent applicant and invited the applicant for an interview within 10 days by a letter of 26 February 2019. Due to the deportation order being in force, an application to revoke the order was rejected by the Minister on 27 March 2019 and a visa request was further rejected on 25 April 2019.

A judicial review against the refusal to revoke the deportation order was allowed and the Supreme Court analysed the applicant right to re-enter the territory after a consent was given in making a subsequent application. The Supreme Court assessed the question whether, in the light of art. 22 of the International Protection Act 2015,  the Minister had an obligation to revoke the deportation order and grant a visa allowing the applicant to travel for the purposes of making the application for international protection.

The Supreme Court concluded that the statutory purpose is to make possible in certain circumstances the re-entry of a person into the protection process, and certain obligations are imposed on the Minister, such as to follow the decision of IPAT, and consent to the making by the respondent of an application for international protection. However, the International Protection Act 2015 does not require the Minister to facilitate the making of the application for protection by permitting the applicant to enter the State and to be considered as an applicant in view of section 15 of the International protection Act 2015. The consent to submit a subsequent applicant does not equal to be treated as an applicant but to have the right to commence the process of seeking protection if legal requirements are met. The Supreme Court found that neither the national legislation, nor the European law does not impose a legal duty on the Minister to revoke a lawful deportation order, and/or to grant a visa.

Access to procedures; Return/Removal/Deportation; Subsequent Application;

National law only (in case there is no reference to EU law/ECHR);

EASO IDS

Ireland, Supreme Court, Ivan Seredych v Ministry for Justice and Equality, 2019:000228 , 13 October 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1248