K v Minister for Justice [No.2] (Approved)

    This is the applicant's application for leave to appeal from the judgment delivered on 29 th May 2024 in K v The Minister for Justice [2024] IEHC 332 .

    In that judgment, I refused the Applicant's challenge to a reviewed decision made by the Minister for Justice on 23 rd March 2023 in accordance with Regulation 25 of the European Communities (Free Movement of Persons) Regulations 2015 ("the 2015 Regulations") and the Citizens Rights Directive (Directive 2004/38/EC), which affirmed the previous decisions on 27 th �January 2023 to make removal and exclusion orders in accordance with the provisions of, respectively, Regulations 20 and 23 of the 2015 Regulations.

    Insofar as this application for a certificate to appeal is concerned, section 5(6)(a) and (b) of the Illegal Immigrants (Trafficking) Act 2000 requires a party to establish (in the case of each point of law so identified) that the point is of exceptional public importance and that it is desirable in the public interest that an appeal should be taken in respect of it:

" (a) The determination of the High Court of an application for leave to apply for judicial review to which this section applies, or of an application for such judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case except with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(b) This subsection shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution. "