Abstract
There is evidently uncertainty in the Superior Courts concerning the interactio between the Immigration Act 2004 (the "2004 Act") and the executive pow of the State to operate and regulate residency permission schemes for non-Ir nationals. This article will explore the Superior Courts' treatment of ss.4 an of the 2004 Act, contrasting the approach of the High Court with that of t Supreme Court. While the Supreme Court has not yet definitively ruled on t interaction between ss.4 and 5 of the Immigration Act 2004 and Ministeri discretion, there have been hints in both Bode v Minister for Justice 1 an Sulaimon v Minister for Justice? that these sections do not delimit the ext of that discretion. It is argued below that these cases suggest that the Supre Court has adopted the premise that the Minister for Justice has inherent po to consider and determine an application for residency that is independent any statutory scheme. In contrast, it appears that the High Court, as exemplifi in the recent case of Hussein v Minister for Justice ,3 has taken the view t the arrangements governing entitlement to remain within the State derive fro ss.4 and 5 of the Immigration Act 2004, and thus limit the Minister's discret to refuse residency permission to non-nationals.