AA & Anor v Minister for Justice, Equality and Law Reform & Anor
| Applicant/Plaintiff: | A.A. & Anor |
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| Respondent/Defendant: | Minister for Justice, Equality and Law Reform & Anor |
| Citation/s: | [2005] 4 IR 564 |
| Court/s: | High Court |
| High Court | |
| Judgment Date/s: | 16 November 2005 |
| Judge: | Clarke |
| Category: | Deportation |
| Keywords: | Deportation; Deportation Order; European Convention on Human Rights (ECHR); revocation; family |
| Country of Origin: | Nigeria |
| URL: | http://www.courts.ie/Judgments.nsf/597645521f07ac9a80256ef30048ca52/585e7b82bd[...] |
The applicant, a Nigerian national, married an Irish citizen after a deportation order was made against him. He then requested that the Minister revoke the order in light of the new circumstances. The Minister refused this request and the applicant sought to quash both the deportation order and the refusal to revoke the order.
The High Court refused leave, stating that the Minister was obliged to consider, inter alia, new circumstances in the form of family rights such as those that arose in the instant case but finding that it appeared that the Minister had taken into account the fact of the possible impending marriage in declining to revoke the order. The Court noted that the applicant had been in the relationship for sixteen months prior to the marriage and had known of the proposed deportation and of the precarious nature of his status in the State since December 2002.
| Principles: | The Minister for Justice is obliged to consider new circumstances in the form of family rights where a proposed deportee seeks revocation of a deportation order. |
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