Courts / Ireland / Report

Undocumented person challenges driving licence policy

Summary

A High Court challenge has been brought against a policy preventing undocumented persons from applying for or renewing driving licences. The applicant, a Chinese national residing in Ireland for over 18 years on an expired student visa, had his renewal application refused by the National Driver Licence Service (NDLS) in August because he could not prove 'residency entitlement'. Counsel for the applicant, Micheal P. O'Higgins SC and Keith Spencer Bl, argued that a May 2018 policy change, introduced by the NDLS and the Road Safety Authority (RSA), requires applicants to submit specific documents such as a passport or birth certificate. They contended this requirement disproportionately interferes with rights and is contrary to law, citing a recent Supreme Court decision on asylum seekers' work rights. The action names the NDLS, RSA, the Minister for Transport, Tourism and Sport, and the Attorney General as respondents. The applicant seeks orders quashing the refusal of his licence renewal and the policy itself, along with declarations that the policy is unlawful and in excess of jurisdiction. Permission to bring the proceedings was granted on an ex parte basis by Mr Justice Seamus Noonan. The matter was adjourned and will return before the court in December.

Who, what, where, when and why

What: Report matter: Undocumented person challenges driving licence policy. Procedural stage: hearing_or_decision

When:

• May 2018 Other
• 2018-11-16 Publication

Why: He had held a valid drivers licence from 2008, but when he went to renew his licence in advance of its expiration in August his application was refused by the National Drivers Licence Service because he was not able to prove his 'residency entitlement'. CNI source report

Case subjects

Places mentioned

Topics

Stage Hearing Or Decision

Read the original CNI report