Courts / Cork / Report

Supreme Court clarifies meaning of word 'or' in Immigration Act as students fail in appeal

Summary

The Supreme Court has dismissed the appeal of two Malaysian students, Chain Wen Wei and Tang Ting Ting, regarding their refusal of entry to Ireland in December 2020. The appellants alleged that immigration officers incorrectly interpreted Section 4(3)(j) of the Immigration Act 2004, specifically the word 'or', when denying them entry to pursue an online English course during the pandemic. They argued that 'public policy' and 'national security' should be treated as conjunctive concepts, requiring a finding of a real and immediate threat to the State. The High Court and Court of Appeal had previously dismissed their judicial review actions against the Minister for Justice and An Garda Síochána, favoring a disjunctive interpretation. In the Supreme Court, Mr Justice Seamus Wolfe ruled that 'or' is disjunctive, distinguishing 'national security' from the broader concept of 'public policy'. He held that the officers were entitled to refuse entry on public policy grounds under pandemic guidelines for distance learning. The appeal was dismissed by a four-to-one majority, with Mr Justice Hogan dissenting. The matter is concluded with the dismissal of the appeal.

Who, what, where, when and why

What: Report matter: Supreme Court clarifies meaning of word 'or' in Immigration Act as students fail in appeal. Procedural stage: appeal

When:

• December 2020 Other
• June 2023 Hearing Or Sentence
• 2024-12-19 Publication

Why: In December 2020, during a Level 3 Covid 19 lockdown, the two appellants, Chain Wen Wei and Tang Ting Ting, arrived at Cork airport in order to pursue an English language course that was to be moved online. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal

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Read the original CNI report