New Appeal: Must a deportation order state the date by which the subject must leave the State?

In this determination, Khan v Minister for Justice and Equality, the Supreme Court granted Khan leave for a leapfrog appeal from the High Court on the question:

Is a deportation order valid when it fails to specify on its face the date by which the subject must leave the State, and remain thereafter out of the State?

 

Background

The determination gives little background to this case, and there is no published High Court judgment. The information that is available is that the Minister issued an order for Khan’s deportation. The order did not state a date before which he must leave the State. Khan applied to the High Court for certification of a case on the question approved here. His argument is that the Minister’s order was invalid as it did not meet the requirements of s 3 of the Immigration Act 1999. The 1999 Act states:

 

3.—(1) Subject to the provisions of section 5 (prohibition of refoulement) of the Refugee Act, 1996, and the subsequent provisions of this section, the Minister may by order (in this Act referred to as “a deportation order”) require any non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State.

 

The High Court refused to certify the question Khan raised, holding that there is no conflict between the authorities on the issue.

Khan applied to the Supreme Court for leave to appeal that decision on grounds that the Court had granted leave to appeal in another case on the same question. The determination names that case as SE v Minister for Justice and Equality [2017] IESCDET 02. (But the Courts Services’ website lists no determination in that name, and a determination in a different case carries that citation).

Granting leave, the Court determined that Khan had raised an issue which has application beyond this case. The Court left open for case management the issue of whether this case should proceed along with SE or be adjourned until SE is resolved.

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