G v. Minister for Justice, Equality and Law Reform & Ors

The Appellants in these three cases were refused leave to apply for judicial review pursuant to section 5 (2)(b) of the Illegal Immigrants (Trafficking) Act, 2000. The High Court, for the purposes of this appeal against its decision, certified pursuant to section 5 (3) (a) of the Act that the decision involved points of law of exceptional public importance and that it was desirable in the public interest that an appeal should be taken to the Supreme Court.

This appeal is principally concerned with the questions of law so certified by the High Court.

(2) Do the administrative arrangements for self-employed Europe Agreement nationals, for the time being in force in the State, nullify or impair the benefits accruing to the Applicant (s) under Article 45 of the Association Agreement made between the European Communities and their member states and Romania and the Czech Republic (The Association Agreements)?

(3) Did the Respondents apply the administrative arrangements for self-employed Europe Agreement nationals, for the time being in force in the State, to the Applicant(s) in such a manner as to nullify/impair the benefits accruing to him contrary to Article 59 (1) of the Association Agreement.

Of course these questions are not posed in the abstract and fall to be decided in the factual circumstances arising in each of these cases. Counsel appearing for all of the Applicants/Appellants (hereafter Appellants) in each case have relied on legal arguments which are common to each case.