34. (1) The Illegal Immigrants (Trafficking) Act 2000 is amended by substituting the following section for section 5:

“Judicial review

5. (1) A person shall not question the validity of—

(a) a notification under section 3(3)(a) of the Immigration Act 1999,

(b) a notification under section 3(3)(b)(ii) of the Immigration Act 1999,

(c) a deportation order under section 3(1) of the Immigration Act 1999,

(d) a refusal under Article 5 of the Aliens Order 1946 (S.R. and O. No. 395 of 1946),

(e) a refusal under section 4 of the Immigration Act 2004,

(f) an exclusion order under section 4 of the Immigration Act 1999,

(g) a recommendation of the Refugee Applications Commissioner under section 13 (as amended by section 7(h) of the Immigration Act 2003) of the Refugee Act 1996,

(h) a decision of the Refugee Appeals Tribunal under section 16 (as amended by section 7(i) of the Immigration Act 2003) of the Refugee Act 1996,

(i) a refusal under section 17 (as amended by Regulation 34 of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013)) of the Refugee Act 1996,

(j) a decision under section 21 (as amended by section 11(1)(o) of the Immigration Act 1999) of the Refugee Act 1996,

(k) a removal order under Regulation 20(1) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006),

(l) an exclusion order under Regulation 23(1) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (S.I. No. 656 of 2006),

(m) an order under section 3(11) of the Immigration Act 1999,

(n) a recommendation of the Refugee Applications Commissioner referred to in Regulation 6(2)(b) of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013),

(o) a decision of the Refugee Appeals Tribunal referred to in Regulation 8(22)(a) of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013), or

(p) such other decision, determination, recommendation, refusal or order as may be prescribed by the Minister under subsection (9),

made on or after the date on which section 34 of the Employment Permits (Amendment) Act 2014 comes into operation, otherwise than by way of an application for judicial review under Order 84 of Rules of the Superior Courts (S.I. No. 15 of 1986) (hereafter in this section referred to as ‘the Order’).

(2) An application for leave to apply for judicial review under the Order in respect of any of the matters referred to in subsection (1) (hereafter in this section referred to as an ‘application’) shall be made within the period of 28 days commencing on the date on which the person was notified of the decision, determination, recommendation, refusal or making of the order concerned unless the High Court considers that there is good and sufficient reason for extending the period within which the application shall be made, and such leave shall not be granted unless the High Court is satisfied that there are substantial grounds for contending that the decision, determination, recommendation, refusal or order is invalid or ought to be quashed.

(3) Notwithstanding the period referred to in subsection (2), rules of court may require an applicant to lodge or file with the High Court, such number of days (which shall not exceed 4 days) as may be specified in the rules before the date on which the application is to be heard, all pleadings and written submissions relating to the application.

(4) Where the High Court considers that an application involves a point of law of exceptional public importance or that, having regard to the likely impact of the proceedings on the respondent or another party, the issues arising or any other matter, it is in the interests of justice to do so, it may—

(a) direct that the application should be heard on notice,

(b) adjourn the application for such period (which shall not be less than 28 days) and on such terms as it may direct,

(c) give such directions as it thinks fit as to the service on the intended respondent and on any other person of notice of the application and copies of any documents lodged under rules of court referred to in subsection (3), and the mode of, and the time allowed for, such service, and

(d) give such other direction or make such order as it considers appropriate.

(5) The High Court, having considered an application—

(a) shall pronounce its determination of the application in public, and

(b) where it grants an application for leave to apply for judicial review in respect of a matter referred to in subsection (1), shall state, in respect of that matter, the relief granted and the grounds upon which that relief is granted.

(6) (a) The determination of the High Court of an application for leave to apply for judicial review to which this section applies, or of an application for such judicial review, shall be final and no appeal shall lie from the decision of the High Court to the Supreme Court in either case except with the leave of the High Court which leave shall only be granted where the High Court certifies that its decision involves a point of law of exceptional public importance and that it is desirable in the public interest that an appeal should be taken to the Supreme Court.

(b) This subsection shall not apply to a determination of the High Court in so far as it involves a question as to the validity of any law having regard to the provisions of the Constitution.

(7) The High Court shall give such priority as it reasonably can, having regard to all the circumstances, to the disposal of proceedings in that Court under this section.

(8) The Superior Court Rules Committee may make rules to facilitate the giving of effect to subsection (7).

(9) (a) The Minister may prescribe any decision, determination, recommendation, refusal or order—

(i) made under a relevant enactment or, as the case may be, an instrument made under a relevant enactment, and

(ii) concerning the entry into, presence in, removal from or exclusion from the State of a person, the conditions under which a person may be present in the State or the entitlement of a person to international protection in the State,

to be a decision, determination, recommendation, refusal or order to which subsection (1) applies.

(b) In exercising his or her power under paragraph (a), the Minister shall have regard to the need for the fair and efficient administration of the relevant enactment concerned and the interests of justice.

(c) In this subsection—

‘international protection’ means protection in the State either as—

(i) a refugee, within the meaning of section 2 of the Refugee Act 1996, or

(ii) a person eligible for subsidiary protection, within the meaning of the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013);

‘relevant enactment’ means—

(i) the Aliens Act 1935,

(ii) the Refugee Act 1996,

(iii) the Immigration Act 1999,

(iv) the Immigration Act 2003,

(v) the Immigration Act 2004,

(vi) the European Communities (Free Movement of Persons) Regulations 2006 and 2008,

(vii) the European Union (Subsidiary Protection) Regulations 2013 (S.I. No. 426 of 2013), and

(viii) any Act, or instrument made under an Act, giving effect to Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013¹.”.

(2) Notwithstanding the amendment of section 5 of the Illegal Immigrants (Trafficking) Act 2000 by subsection (1), that section, before such amendment, shall continue to apply as if that amendment had not been made, in relation to—

(a) a decision, determination, recommendation, refusal or order referred to in subsection (1) of that section made before the date on which this section comes into operation, and

(b) an application for leave to apply for judicial review, or an application for such judicial review, in respect of any of the matters specified in paragraph (a) that has been made before the date on which this section comes into operation.