The applicants requested that the Minister amend or revoke their deportation orders on the basis that one of them, the first-named applicant’s young son, was diagnosed with ADHD and that deportation would be in breach of his rights under Article 8 of the European Convention on Human Rights.
The Minister refused the request and the applicants sought to challenge the refusal by way of judicial review. In refusing the relief sought, the Court held that aliens who are subject to expulsion cannot claim entitlement to remain in order to benefit from State assistance, save where there are exceptional circumstances and that the applicant had not established such exceptional circumstances entitling him to protection.
