Alexander Caffrey BL

Alex is a junior counsel practising in the fields of administrative law and judicial review and has appeared as lead counsel before the Supreme Court, Court of Appeal and High Court. He also has experience representing Ireland before the European Court of Human Rights.

He has particular expertise in European Union law, Public International law, Human Rights law and Extradition law. In this context, he has represented the Minister for Justice and the Minister for Social Protection in a number of lead / test cases.

In 2015, Alex advised an Garda Síochána in relation to the Commission of Investigation into certain matters relative to the Cavan / Monaghan Division of an Garda Síochána (‘O’Higgins Commission’).

In 2016, he was instructed to represent the Minister for Public Expenditure and Reform in the first cases to be instituted under Section 3A of the European Convention on Human Rights Act, 2003.

In 2018, Alex was also junior counsel in the legal team instructed to represent the Ministers for Health, Finance and Public Expenditure in more than 700 plenary actions brought by consultant hospital doctors regarding alleged breaches of the Consultants’ Contract 2008.

The below is a representative sample of recent cases:

INTERNATIONAL PROTECTION

• M.K. (Albania) v Minster for Justice [2022] IESC 48 – Acted for Respondents. Lead / test Case. Application of Article 8 of the European Convention on Human Rights to the removal / refusal of permission to unsettled / precarious migrants (such as asylum seekers).

• Rughoonauth & Ors v Minister for Justice [2018] IECA 391 – Acted for Respondent. Lead / test Case. Article 8 of the ECHR. Precarious/unsettled migrants. Settled migrants. Proportionality assessments.

• A. (South Africa) v Minister for Justice and Equality [2020] IEHC 571– Acted for Respondents (sole counsel). Judicial review challenge over permission to remain refusal. Jurisprudence of the ECtHR. Unsettled / precarious migrants.

• A. (Pakistan) v Minister for Justice and Equality [2019] IEHC 540 – Acted for Respondents (sole counsel). Judicial review challenge over permission to remain refusal. Principles of Review Decisions under the International Protection Act, 2015, Article 8 of the ECHR, Article 41 of the Constitution.

• FZ (Pakistan) v Minister for Justice & Equality (No.2) 2019 IEHC 536 – Acted for Respondents (sole counsel). Application for leave to appeal following High Court refusal of relief. Consideration of principles of including application of Glancré Teoranta v. An Bord Pleanála [2006] IEHC 250.

• Z. (Pakistan) v Minister for Justice & Equality (No.1) [2019] IEHC 368 – Acted for Respondents (sole counsel). Judicial review challenge over permission to remain refusal. Rationality and the principles of audi alteram partem.

• O v Minister for Justice & Equality [2019] IEHC 833 – Acted for Respondents (sole counsel). Judicial review challenge over permission to remain refusal. Consideration of refoulement in Section 49(7) review decision. Mootness. Discretion.

• B (A minor) & Ors v International Protection Appeals Tribunal & Ors [2019] IEHC 763 – Acted for Respondents (sole counsel). Judicial review challenge to International Protection Appeals tribunal decision. State protection. Designated safe country.

• S. (Ukraine) v The International Protection Appeals Tribunal & Ors [2018 IEHC] 743 – Acted for Respondents (sole counsel). Application for leave to appeal following High Court refusal of relief. Consideration of European Union (Subsidiary Protection) Regulations 2013, Qualification Directive (2004/83/EC).

• B.A. (India) v The International Protection Appeals Tribunal & Ors [2018] IEHC 714 – Acted for Respondents (sole counsel). Judicial review challenge to International Protection Appeals tribunal decision. Internal Relocation. Burden of Proof.

• S. (Ukraine) v The International Protection Appeals Tribunal & Ors [2018] IEHC 512 – Acted for Respondents (sole counsel). Judicial review challenge to International Protection Appeals tribunal decision. Medico-legal reports. Credibility. State Protection. Benefit of the Doubt.

• M. (Pakistan) v The International Protection Appeals Tribunal & Ors [2018] IEHC 510 – Acted for Respondents (sole counsel). Judicial review challenge to International Protection Appeals tribunal decision. Country of Origin Information. Consideration of documentation. Future risk of serious harm.

• A. (Pakistan) v The Minister for Justice and Equality, Ireland and the Attorney General [2018] IEHC 273 – Acted for Respondents (sole counsel). Judicial review challenge to subsidiary protection decision under the European Communities (Eligibility for Protection) Regulations 2006. Serious harm. Consideration of country of origin information.

• M. v Refugee Appeals Tribunal [2016] IEHC 638 – Acted for Respondent (sole counsel). Judicial review challenge to Refugee appeals tribunal decision. Convention Nexus. Compelling reasons. UNHCR Guidelines on International Protection.

• D.R. v Refugee Appeals Tribunal & Anor [2016] IEHC 274 – Acted for Respondent. Judicial review challenge to Refugee appeals tribunal decision. Statelessness. Well-founded fear of persecution. Qualification Directive (2004/83/EC).

IMMIGRATION

• M. & Anor v Minister for Justice [2022] IEHC 611 – Acted for Respondent (sole Counsel). Judicial review challenge to D-Visa refusal. Family Reunification with Irish citizen spouse. Article 41 of the Constitution. Article 8 European Convention on Human Rights. Severance Reasons.

• B. v Minister for Justice [2022] IEHC 536 – Acted for Respondent (sole counsel). Judicial review challenge to join-family visa refusal. Consideration of rights under European Convention on Human Rights and Article 41 of the Constitution.

• T.E. v Minister for Justice [2022] IEHC 504 – Acted for Respondent (sole counsel). Judicial review challenge to join-spouse visa. Proxy marriage. Reasons. Employment prospects. Consideration of rights under Article 41 of the Constitution.

• A. v Minister for Justice [2022] IEHC 408 – Acted for Respondent (sole counsel). Judicial review challenge to refusal to renew Stamp 4 permission. Marriage of convenience issues.

• Walia & Anor v Minister for Justice and Equality [2022] IEHC 339 – Acted for Respondent (sole counsel). Judicial review challenge to EU Treaty Rights application. EU Treaty Rights (Free Movement of Persons Regulations 2015), Citizens Directive 2004/38EC.

• A. v Minister for Justice [2022] IEHC 142 – Acted for Respondent (sole counsel). Judicial review challenge to refusal of permission to remain under special student scheme. Character and Conduct requirements. Fixed Policy.

• Mukovska v Minister for Justice [2021] IECA 340 – Acted for Respondent. Judicial review challenge to visa appeal refusal. Adequacy of Reasons. Severability of Reasons.

• Nwosu & Nkode v Minister for Justice and Equality [2017] IEHC 372 – Acted for Respondent (sole counsel). Judicial review challenge to visa refusal. Policy document on Non-EEA Family Reunification. Weight to be given to constitutional rights and ECHR rights.

• Kumar v The Minister for Justice, Equality and Law Reform [2016] IEHC 677 – Acted for Respondent (sole counsel). Judicial review challenge to validity of deportation order. Rationality. Employment prospects.

EXTRADITION / DEPORTATION ORDERS / REMOVAL ORDERS

• The Minister for Justice v Jánós Juhász [2022] IEHC 191 – Acted for Applicant (sole counsel). Section 21A of the European Arrest Warrant Act, 2003. Decision to prosecute. Section 11 of the 2003 Act.

• The Minister for Justice v John Paul Barrett [2021] IEHC 827 – Acted for Applicant (sole counsel) – Dual criminality. Smuggling. Delay.

• Huang v Minister for Justice [2021] IEHC 630 – Acted for Respondent (sole counsel). Judicial review challenge to deportation order pursuant to Section 3 of the Immigration Act, 1999. Article 8 ECHR. Constitutional Rights. Proportionality.

• The Minister for Justice v Razvan Hoamea [2021] IEHC 644 – Acted for Applicant (sole Counsel) – Trial in absentia. Prison Conditions. Correspondence.

• The Minister for Justice & Equality v Dumitru Marian Lupu [2021] IEHC 294 – Acted for Applicant (sole counsel). Trial in absentia. Representation by lawyer at trial. Rights of the Defence.

• v Minister for Justice & Equality [2019] IECA 219 – Acted for Respondent. Judicial review challenge to removal order containing exclusion period. Sufficiently serious threat. Directive 2004/38/EC.

• T. (Ethiopia) v Minister for Justice and Equality & Ors [2019] IEHC 144 – Acted for Respondent (sole Counsel). Judicial review challenge to deportation pursuant to Section 3, Immigration Act 1999. Article 3 of the ECHR and refoulement.

• B. v Minister for Justice and Law Reform & Ors [2017] IECA 26 – Acted for Respondents. Judicial review challenge to revocation of deportation order. Suicidal Ideation. Country of origin information.

• A.I. (Nigeria) & Anor v Minister for Justice and Equality, Ireland and the Attorney General [2017] IEHC 701. Acted for Respondents. Judicial review challenge to affirmation of deportation order. Challenge to undertaking. Consideration of Prospective EU Law position. Article 20 Treaty on the Functioning of the European Union.

• Y. v Minister for Justice & Equality [2016] IEHC 515 – Acted for Respondent (sole counsel) – Challenge to affirmation of deportation order. Exposure to death penalty obviated by access to fair trial. Articles 2 & 3 of the European Convention on Human Rights.

• Bagdonas v Minister for Justice, Equality and Law Reform [2015] IEHC 657 – Acted for Respondent (sole counsel). Injunction application. Judicial review challenge to removal order. European Communities (Free Movement of Persons) Regulations 2006 and 2008.

CITIZENSHIP

• Damache v Minister for Justice & Equality & Ors [2020] IESC 63, [2021] ILRM 121– Acted for Respondents. Constitutional challenge to Section 19 of the Irish Nationality and Citizenship Act, 1956 as amended.

• Habte v Minister for Justice & Equality, Ireland and the Attorney General [2020] IECA 22, – Acted for Respondents. Judicial review challenge to revocation of citizenship provisions as per Section 19 of the Irish Citizenship and Nationality Act, 1956 as amended and the power of the Minister to amend a certificate of naturalisation.

• Talla v Minister for Justice [2020] IECA 135 – Acted for Respondent. Judicial review challenge. Consideration of ‘good character’ requirements at Section 15(1)(b) of the Irish Nationality and Citizenship Act, 1956 as amended.

• Jones v Minister for Justice [2019] IECA 285 – Acted or Respondent. Consideration of ‘continuous residence’ condition at section 15(1)(c) of the Irish Nationality and Citizenship Act, 1956 as amended.

• Borta (a minor) v Minister for Justice [2019] IECA 255 – Acted for Respondent. Consideration of ‘Irish Associations’. Section 16 of the Irish Nationality and Citizenship Act, 1956.

• Iurescu (a minor) v The Minister for Justice & Equality & Ors [2018] IEHC 535 – Acted for Respondent. Consideration of ‘Applicant’ for purposes of Section 15 of Irish Nationality and Citizenship Act, 1956. Character of person in loco parentis of child applicant.

• Omara v Minister for Justice & Equality [2018] IEHC 85 – Acted for Respondent (sole counsel). Judicial review challenge to citizenship refusal. Legitimate expectation. Vires.

• O. (Nigeria) v Minister for Justice and Equality [2016] IEHC 759 – Acted for Respondent (sole counsel). Rationality. Material error of fact. Disclosure of facts.

GENERAL ADMINISTRATIVE LAW

• X v Minister for Justice [2019] IESC 82, [2020] 1 ILRM 1 – Acted for Respondents. Judicial review challenge to non-payment of child benefit. Challenge to constitutionality of ‘Habitual Residence Condition’ in Social Welfare Consolidation Act 2015. ‘Right to reside’. Parents of Irish citizen children within international protection system. Charter of Fundamental Rights of the European Union. European Convention on Human Rights. Qualification Directive.

• O. & Ors v Minister for Social Protection & Ors [2020] – Acted for Respondents. Judicial review challenge to non-payment of child benefit to Irish citizen child. Zambrano.

• v Gleeson & Residential Institutions Statutory Fund Board [2019] IEHC 472 – Acted for Respondent Board. Lead / test case. Judicial review challenge to monetary limit. Jurisdiction of Appeals Officer. Legitimate expectation. Retrospective effect.

• Doolan v Ireland & Ors [2019] – Acted for Respondents (sole counsel). Court of Appeal. Plenary challenge to Juries Acts. Appeal of Bail.

• Donoghue v O’Donoghue – [2018] IECA 26, [2020] 3 IR 399 – Acted for Respondents (sole counsel). Section 1 of the Police Property Act 1897 – meaning of “owner”’ and “possession”. Mandamus.

• Doyle v The Commissioner of An Garda Síochána & Ors [2018] IEHC 243 – Acted for Respondents. Judicial review challenge to Board of Inquiry. Alleges Breaches of Discipline. Garda Siochana (Disciplinary) Regulations 2007. Appointment of Presiding Officer.

• Ahmad v Taxing Master Rowena Mulcahy [2018] IEHC 280 – Acted for Ireland & Attorney General (sole counsel). Judicial Immunity. Vicarious liability of State.

• Irish Medical Association & Anor v HSE & Ors [2017] IEHC 645 – Acted for Respondents. Application for Inspection of draft Government Mem. Public Interest Privilege and Cabinet Confidentiality.

• Q. v K.J. (Otherwise K.A.), Ireland and the Attorney General – [2016] IEHC 721 – Acted for Respondent (sole counsel). Judicial review challenge to constitutionality of Section 11 of the Guardianship of Infants Act, 1964.

• B v B & Minister for Social Protection [2016] IEHC 626 – Acted for Second Respondent (sole counsel). Consultative case stated to High Court from District Court. Correct interpretation of Section 5(4) of the Family Law (Maintenance of Spouses and Children) Act, 1976

• Q. v Minister for Health – [2016] IEHC 556 – Acted for Respondents. Test / lead case. Costs in public interest proceedings.

• Q. v Minister for Health [2016] IEHC 429 – Acted for Respondents. Appeal from Hepatitis C Tribunal. Statutory interpretation. Retrospective effect. Meaning of “enzyme-linked immunosorbent assay”.

• Walshe v Judge Olive Buttimer & Ors [2016 IESC] – Acted for Respondents (sole counsel). Supreme Court. Applicability of Section 3A of the European Convention on Human Rights Act, 2003 arising from actions of District Court judge.

• D. v Minister for Social Protection [2016] IEHC 70 – Acted for Respondent. Judicial review challenge to refusal to pay domiciliary Care Allowance. Requirement to carry out a physical assessment. Rationality. Unreasonableness.