Courts / Ireland / Report

Court quashes Justice Minister's decision to exclude rapist from State

Summary

The High Court has quashed a decision by the Minister for Justice to exclude a convicted rapist from the State for five years. The unnamed man, who is a foreign national, was convicted of rape at the Central Criminal Court in 2009 and sentenced to six years imprisonment. He was released from prison just over two years ago and has since lived in the West of Ireland with his young family. The Minister had approved removal and exclusion orders in October 2013, following a review that upheld the initial decision. However, Mr Justice Paul McDermott ruled that the decision was fundamentally flawed because officials involved in the original application also participated in the appeal review. This lack of independence breached the man's rights to fair procedures and created a reasonable apprehension of bias. Consequently, the court set aside the Minister's decision. The judge noted that while the Minister did not make legal errors in assessing the threat to the public or considering the rights of the man's Irish-born child, the procedural defect required the order to be quashed. The man had argued that the decision interfered with his right to private life under the European Convention on Human Rights and failed to adequately consider his social and family bonds in Ireland. The State had opposed the application, arguing its decisions were lawful, but the court prioritized the breach of fair procedure in its ruling.

Who, what, where, when and why

What: Report matter: Court quashes Justice Minister's decision to exclude rapist from State. Charges or matters: rape at the Central Criminal Court in 2009 and was sentenced to six years imprisonment. Procedural stage: appeal. Findings: Convicted

When:

• October 2013 Other
• 2015-10-20 Publication

Why: In his ruling, Mr Justice Paul McDermott held the decision to exclude and remove the man was fundamentally flawed because officials involved in the man's appeal of the original decision also had an involvement when the original application was under consideration. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

Read the original CNI report