Written answers

Wednesday, 8 June 2011

Department of Justice, Equality and Defence

Court Procedures

9:00 pm

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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Question 154: To ask the Minister for Justice and Equality the average wait time for a case commenced by way of judicial review to be heard by the High Court; and if he will make a statement on the matter. [14600/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I am informed by the Courts Service that the waiting time for non-asylum related judicial review cases depends on the length of time the hearing of the application will require. For most applications it is one month. Cases likely to take less than two hours are dealt with within two weeks. For cases requiring longer than two hours there is a waiting time of four months.

An application for leave to seek judicial review in asylum related cases must be made on notice to the State. The current waiting time for pre-leave applications is 26 months. Once leave is granted, the waiting time for a final hearing is three months.

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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Question 155: To ask the Minister for Justice and Equality the number of immigration cases currently awaiting a hearing date in both the pre-leave judicial review list and the post-leave judicial review list; and if he will make a statement on the matter. [14601/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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There are approximately 1400 cases challenging decisions relating to immigration matters - including asylum cases - before the High Court where an application for leave to bring Judicial review proceedings is pending. In addition there are 76 such cases where Leave has been granted and a substantive hearing of the case is awaited.

The above cases are at various stages in the Judicial Review process. Identifying those cases which have yet to be allocated a date for hearing would involve a disproportionate use of resources.

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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Question 156: To ask the Minister for Justice and Equality the formal mechanism being utilised by the State to settle those cases in which the rights of an applicant have been clearly breached by the State, which would then result in early settlement of that case with associated cost savings; and if he will make a statement on the matter. [14602/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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In the event that a decision related to immigration matters is challenged in the Courts, a detailed review of the legal case is undertaken by the Legal Services Support Unit of my Department and detailed observations are prepared. Legal advice is then sought. In the event that legal advice clearly indicates that a decision was incorrectly arrived at, a decision is made to compromise those proceedings as soon as possible and on the best terms possible. Settlement of cases is normally conducted by way of correspondence between the solicitors for the Applicants and the Chief State Solicitor's Office acting on behalf of the State. My Department is always concerned to minimise the costs to the State in negotiating settlement of cases.

Photo of Jim DalyJim Daly (Cork South West, Fine Gael)
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Question 157: To ask the Minister for Justice and Equality the number of adjournments that have been sought by the State in the pre-leave judicial review list to put in a replying affidavit where no replying affidavit has ever been subsequently entered; and if he will make a statement on the matter. [14605/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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It is not the usual practice in my Department to seek adjournments in the pre-leave Judicial Review list to put in replying affidavits and then not file same. For this reason, statistics of the nature requested by the Deputy are not maintained by my Department.

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