Refused Permission to Land? We can help

A client having been refused permission to land at the airport is often an urgent and tricky matter to deal with. If the notice served on the client pursuant to S4(4) Immigration Act 2004 does not outline the factual reasons for refusal we must rely on your clients interpretation of any communication with the immigration officer.

In the recent High Court case [2021] IEHC 227 of Chain Wen Wei AND Minister for Justice the Court acknowledged there is an obligation to give reasons for the decision to refuse permission to land which can be met by a combination of the Notice and oral communication.

The Notice in this case stated the Applicants entry into the state “could pose a threat to National Security or be contrary to public policy”. In refusing the application the Court found that “public policy” can relate to any government policy such as, in this case, the 2011 policy not to allow Non EEA students enter the state to partake in an online language course.

The Court disagreed with Hogan J that public policy in this context is but a variant of national security and that it relates to personal conduct.

If you or a family member is refused permission to land in Ireland contact us by email or phone for advice and assistance.