High court judgment: Morris Ali -v- Minister for Justice Equality and Law Reform anor
Neutral citation: 2012 IEHC 149.
High Court
Judgment delivered by Mr Justice John Cooke on March 1st, 2012.
Judgment
The decision of the Minister to revoke a declaration of refugee status for a man convicted of drug possession was not prepared in a reasonable manner and should be withdrawn.
Background
The applicant was a national of Sierra Leone who was granted asylum in May 2002. In October 2008 he pleaded guilty to possession of drugs for sale or supply and to possession of a false South African passport and was sentenced to 18 months’ imprisonment. In September 2009, the Minister wrote to him stating that as a result, he proposed to revoke his refugee status.
Correspondence ensued, including from the man’s fiancee, who was expecting their child. His solicitor stated there was no provision in the Refugee Convention for the revocation of refugee status.
He also said the provisions in law providing for the revocation of refugee status stated this should result from “a particularly serious crime”, constituting “a danger to the community of the State”.
Documents from the Minister’s officials concerning the matter referred to “convictions” for drug possession for sale or supply and to “crack cocaine”, neither of which were accurate.
There was also a reference to “cocaine-dealing paraphernalia”, although no such evidence was given at the trial.
In a document prepared for the Minister recommending revocation of his refugee status, an official stated: “Mr Ali was sentenced to 18 months imprisonment for the sale/supply of crack cocaine with a street value of €70.
“It is also suggested he was in possession of drug-making equipment which implies he is a serious player in the drug scene.”
It was agreed in the hearing challenging the revocation that there was no basis for these conclusions.
Decision
Mr Justice Cooke pointed out that the Geneva Convention provided for the expulsion of a refugee on grounds of national security or public order, along with provisions for this to be done in accordance with due process of law and with time to seek admission to another country.
Protections against refoulement were also conditional on the person not being a danger to the security of the State or having committed a particularly serious crime.
He added: “Having regard to the totality of the respondent’s consideration (and that of his officials) of the proposal to revoke the refugee status of the applicant, it cannot stand as it is not a fair and accurate summary of the relevant admitted facts.”
There was no evidence of possession of crack cocaine; the appellant had only one conviction, not convictions; there was no charge of possessing cocaine-dealing paraphernalia; and the respondents should have considered the separate constituents of the phrases “serious crime” and “particularly serious crime”.
In all the circumstances, the judge was not satisfied the respondent had acted in a reasonable manner in the preparation of the consideration of the appellant’s claim, in the conclusions of the officials and the decision taken by the Minister, who was reliant on their analysis and conclusions.
Accordingly, he directed the withdrawal of the revocation of refugee status.
David Leonard BL, instructed by Conor Ó Briain solr, for appellant; Daniel Donnelly BL, instructed by the Chief State Solicitor, for the Minister for Justice.