ARTICLE · 03 JUNE 2013

Duty To Give Reasons For Administrative Decisions

Philip Lee

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A discussion on a decision of the Supreme Court, which is a ground‐breaking one in circumstances where numerous previous decisions of the High Court on the same issue had found that the Minister for Justice was not obliged to provide reasons to explain decisions in relation to the grant or refusal of certificates of naturalisation.

IrelandGovernment, Public Sector

Sophie More O’Ferrall

Mallak v. Minister for Justice, Equality and Law Reform [2012] IESC 59; (Supreme Court, 6 December 2012, Fennelly J delivering judgment for the Court)

On 6 December 2012, the Supreme Court reversed the decision of Cooke J in the High Court and quashed a decision of the Minister for Justice refusing to grant the Applicant a certificate of naturalisation, due to the failure of the Respondent Minister to give reasons for his decision. The decision of the Supreme Court is a ground‐breaking one in circumstances where numerous previous decisions of the High Court on the issue had found that the Minister for Justice was not obliged to provide reasons to explain decisions in relation to the grant or refusal of certificates of naturalisation, in spite of the fact that the only successful challenges to such decisions on judicial review had occurred where reasons had been provided (Abuissa v. Minister for Justice [2011] 1 IR 123; Mallak v. Minister for Justice [2011] IEHC 306; P

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