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Courts Service · 2017-04-28 · courts

High Court gives plaintiff six days’ costs, awards defendant two days over earnings claim

high court gives plaintiff six days’ costs, awards defendant two days over earnings claim the beat a €60,001 tender and won damages, but found his €620,042 loss of unrealistic adjusted costs order. [2017] iehc 249 has awarded an eight-day personal injuries hearing, while ordering him to pay defendan

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Courts Service · 2017-04-28 · courts

High Court orders release of personal injury file subject to new solicitors’ undertaking

high court orders release of personal injury file subject to new solicitors’ undertaking the directed that a former solicitor hand over plaintiff’s her solicitors, who must undertake seek recovery his costs and outlays from any settlement or award. [2017] iehc 302 daniel j. o’gorman lucy carr’s soli

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Courts Service · 2017-04-28 · courts

High Court leaves €15,000 state solicitor fee unchanged despite finding error in assessment

high court leaves €15,000 state solicitor fee unchanged despite finding error in assessment the found taxing master erred by not seeking or estimating hours worked, but held instruction was unjust and required no adjustment. [2017] iehc 378 has left a place after that made an of principle assessing

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Courts Service · 2017-04-28 · courts

High Court orders security for costs and strikes out claim against third defendant

high court orders security for costs and strikes out claim against third defendant the required hedgecroft limited to provide defendants’ struck its cantor fitzgerald ireland limited. underlying dispute over an asset purchase agreement remains unresolved. [2017] iehc 275 has ordered limited, trading

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Courts Service · 2017-04-28 · courts

Court of Appeal cuts Limerick robbery sentence to two years

court of appeal cuts limerick robbery sentence to two years the set aside a three-and-a-half-year and imposed years’ imprisonment, suspending final eight months for original period on conditions. street sentenced joseph daly afresh with suspended three half same conditions by circuit court. had plea

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Courts Service · 2017-04-28 · courts

Court of Appeal dismisses challenge to six-year cocaine sentence

court of appeal dismisses challenge to six-year cocaine sentence the found no sentencing error in a term imposed for transferring nearly two kilograms cocaine; three years were suspended on conditions. has dismissed an against severity man who transferred packs between vehicles. included three-year

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Courts Service · 2017-04-27 · courts

High Court quashes refugee appeal decision over failure to address applicant’s specific claim

high court quashes refugee appeal decision over failure to address applicant’s specific claim the ordered a fresh hearing before differently constituted tribunal, finding that original did not claimed risk linked her relationship with former parliamentary speaker. [2017] iehc 255 has quashed refusin

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Courts Service · 2017-04-26 · courts

Liquidator joined to claims over €2.6m in payments; asset freeze refused

liquidator joined to claims over €2.6m in payments; asset freeze refused the high court allowed of cto greenclean environmental solutions limited join existing proceedings, but an interim order restraining two former directors from dealing with assets. [2017] iehc 246 has official proceedings paymen

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Courts Service · 2017-04-26 · courts

Court of Appeal upholds Danske Bank judgment and dismissal of Fox’s claims

court of appeal upholds danske bank judgment and dismissal fox’s claims the dismissed two appeals by fintan fox, leaving in place a €1,472,996.95 summary his separate claim concerning its receiver. [2017] ieca 121 has upholding for mr against receiver declan mcdonald. delivered ms justice irvine on

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Courts Service · 2017-04-26 · courts

High Court orders Wicklow waste cases to proceed in two trial modules

high court orders wicklow waste cases to proceed in two trial modules after six weeks of hearings, the set out which evidence and legal questions would be heard first. it did not decide those issues this ruling. [2017] iehc 310 has directed that related proceedings involving county council companies

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Courts Service · 2017-04-26 · courts

High Court strikes out McAteer’s second case against solicitors

high court strikes out mcateer’s second case against solicitors the held that 2015 proceedings repeated claims already before it or decided in earlier litigation, and were an abuse of process. [2017] iehc 247 struck a set brought by daniel mcateer three practising as adams corporate, finding being p

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Courts Service · 2017-04-26 · courts

High Court finds former liquidator breached order to hand over company records

high court finds former liquidator breached order to hand over company records the breach was historical and limited: were delivered on 5 september 2016, so declined impose a fine. it directed compliance with separate statutory handover obligation reserved costs. [2017] iehc 376 found that anthony j

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Courts Service · 2017-04-25 · courts

Court of Appeal dismisses appeal against three-year net sentence for Dundalk robbery

court of appeal dismisses against three-year net sentence for dundalk robbery the upheld imposed on oliver kennaway a knife-point at filling station, saying custodial term was not unduly harsh. has dismissed kennaway’s four-year sentence, with final year suspended, 2013 station. therefore remained i

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Courts Service · 2017-04-25 · courts

Court of Appeal dismisses Paul McCarthy’s conviction and sentence appeals

court of appeal dismisses paul mccarthy’s conviction and sentence appeals the upheld his convictions relating to a 2014 cork restaurant incident found no error in six-year for threatening kill, with final 18 months suspended. has dismissed against sentences offences arising from an at n square on ca

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Courts Service · 2017-04-24 · courts

High Court refuses late challenge to Redress Board decision

high court refuses late challenge to redress board decision the declined extend time for judicial review and rejected a rules governing extensions of time. 2017 iehc 251 has refused man’s application 2012 by residential institutions board, holding that he had not shown good sufficient reason bringin

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Courts Service · 2017-04-24 · courts

High Court rules SOLAS cannot require experience checks to renew shotfiring cards

high court rules solas cannot require experience checks to renew shotfiring cards the said could set a reasonable expiry period for keep photographs current, but not make renewal conditional on self-assessment or reassessment of practical under regulations then in force. [2017] iehc 242 ruled that s

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Courts Service · 2017-04-24 · courts

High Court refuses bid to reopen deportation review decision

high court refuses bid to reopen deportation review decision the dismissed an application revisit its earlier refusal of leave, finding that later judgments did not establish substantial grounds challenge orders. [2017] iehc 241 has by vikram sharma rughoonauth and rashma refusing them leave seek ju

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Courts Service · 2017-04-24 · courts

Court of Appeal reduces sentence from nine years to seven in appeal by W.L.

court of appeal reduces sentence from nine years to seven in by w.l. the reduced sentences for two complainants after identifying a narrowed offending period and factual error, while maintaining consecutive ordering post-release supervision. 173/15 w.l.’s aggregate ordered supervision, following an

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Courts Service · 2017-04-11 · courts

High Court orders independent review of Sean Gallagher’s discovery in RTÉ case

high court orders independent review of sean gallagher’s discovery in rté case the found negligent shortcomings but declined to strike out his action, ordering an electronic expert it. [2017] iehc 237 has action against over its coverage a 2011 presidential election debate, despite finding that gall

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Courts Service · 2017-04-09 · courts

Court refuses late appeals in two cases, allows Walsh to proceed on original grounds in third

court refuses late appeals in two cases, allows walsh to proceed on original grounds third the of appeal refused extensions time proceedings and declined add a appeal, which it deemed have been filed time. has stephen walsh’s applications extend for against convictions finding that interests justice

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Courts Service · 2017-04-07 · courts

High Court makes no order on respondents’ costs in deportation detention case

high court makes no order on respondents’ costs in deportation detention case the treated proceedings as a test and awarded applicants half their after had previously been found lawful. [2017] iehc 243 made for an article 40 costs, including any reserved costs. first respondent must pay those once t

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Courts Service · 2017-04-07 · courts

High Court rules insurer can rely on time bar in Donegal injury claim

high court rules insurer can rely on time bar in donegal injury claim a preliminary ruling found the plaintiff had not established that defendant was estopped from relying limitation defence. judgment determined issue; it did decide underlying claim. [2017] iehc 240 {'name': 'high court', 'division_

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Courts Service · 2017-04-07 · courts

Court of Appeal dismisses Peter Jackson’s appeal against murder conviction

court of appeal dismisses peter jackson’s against murder conviction the rejected challenges to jury directions and concluded trial was satisfactory verdict safe. has dismissed his for murdering david hamilton, finding no error in judge’s basis regard as unsafe. jackson convicted after a seven-day no

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Courts Service · 2017-04-07 · courts

High Court awards €675,116.72 to worker injured by falling metal load

high court awards €675,116.72 to worker injured by falling metal load the found that reasonably left his job because of accident-related psychiatric symptoms, but rejected claims for ongoing care and home alterations. [2017] iehc 230 awarded john gardiner after finding injuries from a 2012 workplace

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Courts Service · 2017-04-07 · courts

High Court bars prosecution under ‘outraging public decency’ charge

high court bars prosecution under ‘outraging public decency’ charge the held that english formulation of offence was not part irish common law, while finding a narrower committing an indecent act in did exist. [2017] iehc 248 has restrained david douglas on outraging decency, ruling as framed law kn

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Courts Service · 2017-04-07 · courts

High Court declines to enforce tenancy award and makes no costs order

high court declines to enforce tenancy award and makes no costs order the left enforcement of a €2,496.95 determination district refused other relief sought in motion. [2017] iehc 236 declined make an enforcing against mcginley construction limited, saying under section 124 residential acts was matt

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Courts Service · 2017-04-07 · courts

Court of Appeal halves Revenue’s costs award in liquidator dispute

court of appeal halves revenue’s costs award in liquidator dispute the ordered anthony j. fitzpatrick to pay 50% revenue commissioners’ high after weighing removal decision against his success on consequential payment orders. [2017] ieca 115 has reduced payable personally by commissioners a over win

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Courts Service · 2017-04-07 · courts

High Court makes no costs order in dispute over care placement for minor

high court makes no costs order in dispute over care placement for minor the declined mother’s application costs, saying child’s safe return to ireland followed cooperation among parties and that hse should not be penalised advocating a different placement. [2017] iehc 224 made as on arising from ef

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Courts Service · 2017-04-07 · courts

High Court refuses inquiry into detention under attempted-robbery warrants

high court refuses inquiry into detention under attempted-robbery warrants the held that abolishing common-law robbery did not affect separate inchoate offence of attempted robbery. [2017] iehc 235 refused to direct an kenneth lyons’s at midlands prison, finding for were lawful. in a judgment delive

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Courts Service · 2017-04-07 · courts

Court of Appeal sets aside dismissal of child’s birth injury claim and orders retrial

court of appeal sets aside dismissal child’s birth injury claim and orders retrial the found high had not clearly resolved whether shoulder dystocia or excessive traction caused injury, that its alternative causation finding lacked evidential support. [2017] ieca 114 has set court’s a personal over

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Courts Service · 2017-04-07 · courts

High Court dismisses woman’s injury claim against Wexford rugby club

high court dismisses woman’s injury claim against wexford rugby club the found she fell near clubhouse decking, where did not allege a surface defect. it also said photographs establish that her claimed accident area was unsafe. [2017] iehc 228 dismissed personal wanderers after finding rather than

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Courts Service · 2017-04-06 · courts

High Court dismisses theatre founder’s negligence claim against solicitor

high court dismisses theatre founder’s negligence claim against solicitor the found had not agreed to represent bisi adigun personally and, even if duties were owed, alleged failures did cause his claimed losses. [2017] iehc 225 has dismissed adigun’s that linda mcevoy was negligent in her handling

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Courts Service · 2017-04-06 · courts

Court of Appeal finds suspended sentence for glass attack unduly lenient but leaves it in place

court of appeal finds suspended sentence for glass attack unduly lenient but leaves it in place the said assault caused catastrophic, lasting injury and that an 18-month term would have been served if had sentenced respondent at first instance. dismissed dpp’s without quashing original sentence. has

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Courts Service · 2017-04-06 · courts

High Court dismisses Irish Water appeal over mussel bed inspection

high court dismisses irish water appeal over mussel bed inspection the upheld circuit court’s refusal to allow an at youghal harbour, finding that any such order must account for potential environmental effects on european site. [2017] iehc 223 circuit, cork county of has dismissed water’s against a

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Courts Service · 2017-04-06 · courts

High Court dismisses €189,736.80 rent claim after finding tenant surrendered lease

high court dismisses €189,736.80 rent claim after finding tenant surrendered lease the found that vacated premises and stopped paying under an arrangement accepted by landlord’s predecessor. it dismissed proceedings. [2017] iehc 226 friends first managed pension funds limited’s for in rent, insuranc

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Courts Service · 2017-04-06 · courts

High Court declares prison disciplinary hearing breached rules on mitigation

high court declares prison disciplinary hearing breached rules on mitigation the found a prisoner was not given required opportunity to argue for lesser sanction. it rejected his separate claim that unfair calling officer, and reserved any further relief pending submissions. [2017] iehc 221 declared

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Courts Service · 2017-04-06 · courts

Court of Appeal raises Kilsaran Concrete fine to €1m over fatal workplace safety breach

court of appeal raises kilsaran concrete fine to €1m over fatal workplace safety breach the quashed €125,000 imposed after barry gargan’s death and resentenced company, finding original penalty unduly lenient. it also deferred a decision on prosecution costs. has limited that killed employee gargan,

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Courts Service · 2017-04-06 · courts

Supreme Court dismisses GP’s appeal over Strokestown appointment process

supreme court dismisses gp’s appeal over strokestown appointment process the found that a uk training certificate did not entitle dr syed hussain to extra interview marks and he ranked third when two positions were available. has dismissed hussain’s his unsuccessful applications for permanent genera

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Courts Service · 2017-04-06 · courts

Supreme Court grants leave to challenge contempt detention and Public Order convictions

supreme court grants leave to challenge contempt detention and public order convictions the allowed a judicial review claim proceed on limited grounds concerning fair procedures at 2010 circuit hearing. it did not decide whether alleged finding or were unlawful. has granted william fitzgerald seek o

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Courts Service · 2017-04-06 · courts

Court of Appeal overturns findings against Dunnes’ supermarket price labels

court of appeal overturns findings against dunnes’ supermarket price labels the rejected high court’s legal approach to 15 product comparisons and wider shelf-edge campaign, but upheld its conclusion that banners were impermissible. it left question a retrial for further submissions. [2017] ieca 116

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Courts Service · 2017-04-06 · courts

High Court dismisses Minister’s appeal over release of Enet concession agreement

high court dismisses minister’s appeal over release of enet concession agreement the challenged information commissioner’s decision to governing enet’s management state-owned metropolitan area networks. dismissed it on a point law. [2017] iehc 222 minister for communications, energy and natural reso

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Courts Service · 2017-04-06 · courts

High Court rejects appeal over late Ulster Bank objection to insolvency arrangement

high court rejects appeal over late ulster bank objection to insolvency arrangement the held that circuit specialist judge could extend time for a creditor lodge an objection, and upheld her order in this case. [2017] iehc 218 has rejected debtor’s against allowing ireland dac more object proposed p

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Courts Service · 2017-04-05 · courts

Supreme Court dismisses appeal over failed Titanic-themed pub venture

supreme court dismisses appeal over failed titanic-themed pub venture the upheld high court’s dismissal of a businessman’s claims against three defendants, finding no basis to overturn trial judge’s factual conclusions. has dismissed an by cobh businessman vincent keaney his concerning proposed bar

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Courts Service · 2017-04-05 · courts

High Court refuses habeas corpus inquiry over complaint about trial transcript

high court refuses habeas corpus inquiry over complaint about trial transcript the said was more properly addressed through applicant’s pending appeal and did not provide a basis to inquire into lawfulness of his detention. [2017] iehc 375 refused an application for conditional order by walter morri

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Courts Service · 2017-04-05 · courts

High Court refuses challenge to decision barring further refugee-status application

high court refuses challenge to decision barring further refugee-status application the found no error in minister’s review of an re-enter asylum process, including claims involving atheism, mental health and substance use. [2017] iehc 219 has refused quash 2011 refusing permission for a palestinian

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Courts Service · 2017-04-05 · courts

Applicant awarded two-thirds of costs after losing judicial review

applicant awarded two-thirds of costs after losing judicial review the high court divisional ordered first 15 respondents to pay angela kerins’s taxed and all transcript costs. ireland attorney general must bear their own [2017] iehc 217 court, kerins her costs, plus dismissing claim. ruling was del

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Courts Service · 2017-04-05 · courts

Court of Appeal sends bid to set aside Roscommon home possession order back to High Court

court of appeal sends bid to set aside roscommon home possession order back high the ruled that should have considered defendants’ application on its merits. it did not decide whether be aside. [2017] ieca 117 has sent an by michael macken and patricia watson a over their family in co. roscommon. ju

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Courts Service · 2017-04-05 · courts

High Court quashes asylum refusal after finding key credibility inference unsupported

high court quashes asylum refusal after finding key credibility inference unsupported the held that a tribunal’s about how an applicant lost consciousness was speculative and had affected its assessment of her captivity account. it did not decide refugee claim. [2017] iehc 220 quashed appeals tribun

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Courts Service · 2017-04-04 · courts

Court of Appeal dismisses father’s appeal over €1.185m loan guarantee

court of appeal dismisses father’s over €1.185m loan guarantee a judge said the challenge to first had arguable foundations, but he was bound by recent decisions. dismissed. [2017] ieca 119 has dismissed maurice connolly’s against summary judgment on €1.185 million for his son’s business debts, with

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Courts Service · 2017-04-04 · courts

High Court refuses challenge to deemed withdrawal of child’s refugee appeal

high court refuses challenge to deemed withdrawal of child’s refugee appeal the held that appeals tribunal had no discretion reinstate after a required response was not received within 15 working days. [2017] iehc 216 has refused application quash decision treating her as withdrawn notice asking whe

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Courts Service · 2017-04-04 · courts

Court of Appeal dismisses father’s appeal over guarantee for son’s loans

court of appeal dismisses father’s over guarantee for son’s loans the extended time to hear but found no arguable defence summary judgment on first guarantee. a separate claim concerning second remains plenary hearing. [2017] ieca 119 dismissed an by father against enforcing he gave made his son. pr

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Courts Service · 2017-04-04 · courts

High Court refuses challenge to Romanian man’s removal order

high court refuses challenge to romanian man’s removal order the found minister’s review decision proportionate and supported by more than applicant’s conviction alone. it did not reach separate question of his missed immigration reporting appointments. [2017] iehc 215 has refused a citizen’s applic

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Courts Service · 2017-04-03 · courts

High Court dismisses Patrick Ryan’s challenge to seven-day contempt detention

high court dismisses patrick ryan’s challenge to seven-day contempt detention the found article 40 application was an abuse of process and unsuitable for that procedure. it said lawful, while dismissing application. [2017] iehc 207 dismissed inquiry into his at mountjoy prison, finding not appropria

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Courts Service · 2017-04-03 · courts

High Court refuses leave to challenge delay in deciding Mauritian man’s residence application

high court refuses leave to challenge delay in deciding mauritian man’s residence application mr justice o’regan ruled that the proposed mandamus case was not arguable, citing state’s response about a review following luximon and applicant’s evidence of employment. [2017] iehc 202 refused for man se

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Courts Service · 2017-04-03 · courts

High Court rejects bid to dismiss injury claim as out of time

high court rejects bid to dismiss injury claim as out of time the held that claimant’s application personal injuries assessment board was made in time, despite errors forms and board’s authorisation. [2017] iehc 206 dismissed a motion strike francis healy’s statute-barred, finding his before limitat

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Courts Service · 2017-04-03 · courts

High Court rejects objections to surrender of Polish national

high court rejects objections to surrender of polish national the rejected challenges based on uncertainty over alleged offences, prison conditions in poland and respondent’s private family life, clearing way for a order. [2017] iehc 417 has three zbigniew jaworski poland, where he is sought prosecu

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Courts Service · 2017-04-03 · courts

High Court refuses leave to challenge delay in family’s immigration decision

high court refuses leave to challenge delay in family’s immigration decision the found applicants had not shown substantial grounds for an order requiring minister decide their application remain. [2017] iehc 201 refused five seek justice and equality remain ireland. were two parents three children.

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