The High Court has ruled that a doctor cannot extend the statutory deadline for appealing a Medical Council decision cancelling his registration.
Mohamed Akasha Ahmed sought permission to bring a late appeal against the Council’s December 2024 sanction. The Medical Council opposed the application, arguing that the 21-day limit in the Medical Practitioners Act 2007 is absolute.
A Fitness to Practise Committee had found Dr Akasha guilty of professional misconduct and breaches of the Act. The Council later decided to cancel his registration, citing serious findings of dishonesty and what it considered an absence of insight into his conduct.
Dr Akasha was notified of the cancellation decision on 12 December 2024 and told of his right of appeal. The statutory period expired on 2 January 2025. He did not issue his application seeking an extension until 12 February.
He argued that the High Court retained an inherent power to extend time. He also relied on health difficulties, including a serious autoimmune condition, and said he had formed an intention to appeal within the statutory period.
Mr Justice Micheál O’Higgins did not determine whether those explanations would otherwise justify an extension. Instead, he held that the court had no power to grant one.
The judge found that the wording of section 75 — allowing an appeal “not later than 21 days” after notice — clearly imposed an absolute deadline. He said that interpretation was reinforced by other provisions requiring the Medical Council to seek High Court confirmation of serious sanctions once the appeal period expires.
The ruling does not itself confirm the cancellation of Dr Akasha’s registration. A separate Medical Council application seeking confirmation of that sanction under section 76 remains to be determined. Dr Akasha is entitled to participate in that hearing and oppose confirmation.