The Minister issued the parent and children applicants with deportation orders as failed asylum seekers pursuant to Section 3(2)(f) of the Immigration Act 1999. The applications for asylum were in the parent applicants’ names but not in the children’s names. The children had not been issued with refugee status determinations. The applicants challenged the children’s deportation orders on the basis that their designation as failed asylum seekers was wrong in law. The High Court granted the applicants leave to seek judicial review but later refused the substantive relief of orders of Certiorari quashing the deportation orders. The applicants appealed to the Supreme Court as the Court deemed the issue a point of law of exceptional public importance.The Supreme Court set aside the High Court judgment and made an order of Certiorari quashing the children’s deportation orders, finding that there was no record of any decision refusing asylum applications on behalf of the children. The Court held that such a refusal was a fundamental prerequisite to the Minister’s power under Section 3(2)(f) of the Immigration Act 1999. Finnegan J held that where an application by a parent of a minor is unsuccessful, the child is entitled to apply for asylum based on his own circumstances and that where a child’s parents are successful, the child should benefit by virtue of the principle of family unity.
|Respondent/Defendant:||Minister for Justice & Anor|
|Citation/s:|| IESC 44, Unreported|
|Judgment Date/s:||18 Oct 2007|
|Category:||Deportation, Refugee Law|
|Keywords:||Deportation, Family Unity (Right to), Minor, Refugee, Refugee Law, Refugee Status|
|References:||Immigration Act 1999|
Section 3(2)(f) of the Immigration Act 1999 cannot apply to children where there is no asylum application on their behalf. Where an application by a parent of a minor is unsuccessful, the child is entitled to apply for asylum based on his own circumstances. Where a child's parents are successful in an application for asylum, the child should benefit by virtue of the principle of family unity.