X v International Protection Appeals Tribunal & Ors (Approved)

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THE INTERNATIONAL PROTECTION APPEALS TRIBUNAL, THE MINISTER FOR JUSTICE AND EQUALITY, IRELAND AND THE ATTORNEY GENERAL

In this judgment I explain why I will not, pursuant to s.5(6)(a) of the Illegal Immigrants (Trafficking) Act 2000 certify that my decision in these proceedings 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 Court of Appeal.

        The fundamental problem with both questions is that they do not arise in or from �my applying judgment of last year. Each of the two questions could only arise from the judgment of the CJEU itself and that judgment is unappealable. Moreover, even if either question did arise from my judgment (and neither does) there is no uncertainty in the applicable law following on the judgment of the CJEU; in fact that judgment has brought great certainty to the applicable law.

        Even if I considered that the points of law posited were of exceptional public importance (and I do not for the simple reason that the applicable law is clear following on the judgment of the CJEU), I could not conclude, in the light of the helpful and comprehensive analysis undertaken by the CJEU in its judgment, that it is desirable in the public interest that an appeal now be brought.