Z. v Minister for Justice, Equality and Law Reform
Z. v Minister for Justice, Equality and Law Reform [https://www.bailii.org/ie/cases/IESC/2002/14.html <nowiki> IESC 14</nowiki>], ; 2 ILRM 215 is an Irish Supreme Court case where the Court ruled that the absence of an oral hearing need not infringe the right of an applicant for refugee status to natural and constitutional justice. Background. The Appellant, a 53 years of age, of Russian nationality, arrived in Ireland on the 18th of October 1999 and applied for refugee status with the first named respondent. In his submission the Appellant stated that, he has  no religion but ethnically he is considered Jewish because his mother is Jewish. He was attacked by the Chechen paramilitaries. Afterwards he was kidnapped by the Chechen and was held captive for a year. He stated not to have received any assistance from the Russian authorities during that time. Rather the Russian authorities brought criminal allegations against him for surrendering his weapons to the paramilitaries and for disobeying superior orders. The Appellants after being interviewed by the state, his case was found to be ""manifestly unfounded"" on the grounds of paragraphs 14(a), 14(b) and 14(c) of the Hope Hanlan Procedures . The applicant therefore sought different relief based on different grounds including, Holding of the High Court. Finnegan J. in the High Court, considered all the grounds put forth by the Appellant. However, he was not satisfied with all the grounds brought forth by the Appellant aside, (set sub-paragraph(j)). With regards to sub-paragraph (j), Finnegan J. judged that, there was ""no universal requirement or general entitlement to an oral hearing of an appeal"". Although there is little to suggest that the dictum of Brennan J. had any lasting impact on the High Court, However, influenced by the findings of  the US Supreme Court in Golberg v. Kelly "397 U.S. 254" Finnegan J. granted the Appellant leave to bring judicial review proceedings on one ground which was failure to provide an oral hearing at the appeal stage.Finnegan J. also considered the meaning of the phrase "substantial ground"in section 5 of the Act of 2000 and also referred to the Illegal Immigrants (Trafficking) Bill 1999 and stated that: "Whether, on an application, for leave to apply for judicial review in accordance to section 5 of the Illegal Immigrants (Trafficking) Act 2000 brought in relation to a decision to refuse an  application for refugee status on the grounds that the application is manifestly unfounded, Holding of the Supreme Court. The Court in its judgment, discussed the characteristics of judicial review while making reference to the statement of Finlay C.J. in Keeffe v An Bord Pleanála  IR 39 that, "The Court cannot interfere with the decision of an administrative decision-making authority merely on the grounds that, According to the Appellant, the decisions and recommendation on his refugee status claim were unreasonable and irrational therefore ultra vires. In relation to this submission, the Court referred to the test of unreasonableness  set out in the judgment of Henchy. J in the State(Keegan) v The Stardust Victims Compensation Tribunal  IR 642 which stated that, " ...in most cases, a decision is quashed for unreasonableness, not because of the extent to which it has departed from accepted moral standards but because it is indefensible for being in the teeth of plain reason and common sense. The test of unreasonableness or irrationality in a judicial review is to consider whether the impugned decision plainly and unambiguously flies in the face of fundamental reason and common sense. Where it does, then the decision-maker should  be held to have acted ultra vires."This general approach to judicial review was also applied in the judgment of Kelly J. in the High Court in "Flood v Garda Compensation Complaints Board"  2 IR 321. The Court concluded that the applicant's appeal against the Minister's rejection of his application for refugee status must be dismissed. Subsequent developments. "Z. v Minister for Justice, Equality and Law Reform, James Nicholson sitting as the Appeals Authority, Ireland and Attorney General"  IESC 14,  2 ILRM 215 was later applied in "Olawale v Refugee Applications Commissioner & Minister for Justice