TA & ors v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2024] IEHC 694
Nature of Proceedings:Judicial review
Judgment Date/s:04 Dec 2024
Judge:O’Regan, M.
Category:Visa
Keywords:Child, Citizenship, Citizenship (Acquisition of), Family Life (Right to), Family Reunification, Family Unity (Right to), marriage
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/fc3cb44a-854a-4eca-9224-4fb186f1cda1/2024_IEHC_694.pdf/pdf#view=fitH

Facts: The husband is an Afghan national, who fled to Ireland in 2006 and naturalised as an Irish citizen in 2021. His wife, who he married in 1998, and four children were resident in Iran and then applied for international protection in Turkey in 2021. The wife and four children applied for long stay visas to come to Ireland in … Read More

Principles:When deciding on visa applications in the context of family reunification for a married couple, due regard should be had to the rights of the applicants under Article 41 of the Constitution, the ability of the couple to cohabit and due respect should be given to the institution of marriage.
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A.Z. & ors v the Minister for Justice and Equality

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Respondent/Defendant:A.Z., M.Z. and C.Z. (a minor suing by his mother and next friend M.Z.)
Court/s:Supreme Court
Citation/s:[2024] IESC 35
Nature of Proceedings:Appeal
Judgment Date/s:25 Jul 2024
Judge:Woulfe, S. Dunne, E. Hogan, G. Collins, M. Donnelly, A.
Category:Deportation
Keywords:Best interests of the child, Child, Citizenship, Deportation, Deportation Order, Family (Nuclear), Family Member, Family Unity (Right to), Illegal Stay, Return
Country of Origin:Albania
URL:https://www.courts.ie/acc/alfresco/5e689789-56c6-481a-b63b-b74248a1d14b/2024_IESC_35_(Woulfe%20J).pdf/pdf#view=fitH
References:In Re JJ [2020] IESC 1, Oguekwe v Minister for Justice, Equality and Law Reform [2008] IESC 25, [2008]

Facts: A.Z. was an Albanian national who arrived to Ireland irregularly in 1995 and worked without a work permit for a number of years using an alias. He met M.Z., an Irish citizen, in 2005, and they had a child, C.Z., in 2007. A.Z. is the primary caregiver for his son, C.Z., who has a number of additional needs relating … Read More

Principles:Article 42A.1 of the Irish Constitution requires that the Minister have regard to the child’s best interests as a primary consideration in the context of a parent’s deportation order and must therefore engage with the child’s constitutional rights. Thus, in the context of the proportionality exercise conducted when deciding deportation cases, the Minister must give primary consideration to a child’s best interests when weighing the various relevant factors.
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L.A. (a minor suing by his mother and next friend, A.A.) & ors v International Protection Appeals Tribunal & ors

EMNireland

Respondent/Defendant:The International Protection Appeals Tribunal, the Minister for Justice and Equality, Ireland, and the Attorney General
Court/s:Court of Appeal, High Court
Citation/s:[2024] IECA 133
Nature of Proceedings:Appeal
Judgment Date/s:29 May 2024
Judge:Power, A., Ní Raifeartaigh, Ú, Allen, S.
Category:Refugee Law
Keywords:Asylum Applicant, Child, Employment, Reception Conditions
URL:https://www.courts.ie/acc/alfresco/7fe7c809-1b10-427b-8734-a8c38d9f1e96/2024_IECA_133.pdf/pdf#view=fitH
References:NHV v Minister for Justice and Equality [2017]

Facts: The first applicant was a child, and the second and third applicants were his parents. His parents applied for international protection in Ireland before he was born. While their applications were being processed, they applied and obtained labour market access permissions. Their applications for international protection were refused before the child was born and their right of access to … Read More

Principles:Parents cannot derive a right by proxy to access the labour market from their child who is an applicant for international protection where they themselves are not applicants.
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Odum & ors v Minister for Justice and Equality (No. 2)

EMNireland

Respondent/Defendant:The Minister for Justice and Equality
Court/s:Supreme Court
Nature of Proceedings:Appeal
Judgment Date/s:14 Nov 2023
Judge:O’Donnell, D.; Charleton P.; Baker M.; Woulfe S.; Hogan G.; Murray B.; Collins M.
Category:Deportation
Keywords:Child, Deportation, Deportation Order, European Convention on Human Rights (ECHR), Family Life (Right to), Family Member, Illegal Stay, Regularisation
Country of Origin:Nigeria
URL:www.courts.ie/view/judgments/6865a1e3-8b82-44cf-83f7-5e2b97e6b881/6b637c5d-275f-4e21-9aff-0dac512ebd94/2023_IESC_26.pdf/pdf

Facts: Mr. Odum, a Nigerian national, arrived to Ireland irregularly in November 2007. He married EA, also a Nigerian national in December 2007, however, the marriage was not registered and therefore was not considered lawful. They went on to have three children. The couple separated in 2014. In that same year, Mr. Odum applied for residency, but this application refused … Read More

Principles:There are a number of circumstances in which a non-citizen who can establish a sufficient connection to the State is the same as a citizen, and where, therefore, the Article 40.1 guarantee of equality as human persons before the law, entitles them to rely on the same rights as a citizen would have. Non-citizen children, may in this regard, be entitled to the rights of the care and company of their parent. However, where the parent is in a precarious situation in the State, exceptional circumstances would be necessary to invalidate a deportation order.
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NZ & ors v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice, Ireland
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:03 Oct 2023
Judge:Phelan, S.
Category:Visa
Keywords:Charter of Fundamental Rights of the European Union, Child, Citizenship, European Convention on Human Rights (ECHR), Family (Nuclear), Family Reunification, Family Unity (Right to), Marriage of Convenience, Naturalisation, Visa
Country of Origin:Pakistan
URL:https://www.courts.ie/view/judgments/2c4a0156-96b1-4406-aea5-974d177175f8/47bd6fa5-1c6a-4229-b8f0-294d5fac50fa/2023_IEHC_545.pdf/pdf
Geographic Focus:Ireland, Pakistan

Facts: SMR was born in Pakistan and married an Irish national in 2004. In 2005, he moved to Ireland and he is now a naturalised Irish citizen. The couple had two children, who are Irish citizens. The applicant submitted that his marriage was subsequently dissolved in accordance with Pakistani law around 2011 and he has custody of the children. In … Read More

Principles:When deciding whether to issue a join family visa to the child of an Irish citizen, consideration must be given the child’s rights under Articles 40 to 42A of the Irish Constitution and a balancing exercise must be conducted between the child’s rights and the State’s interests and the common good.
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IF v JG

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IF v JG
Respondent/Defendant:JG
Court/s:High Court
Citation/s:[2023] IEHC 495
Judgment Date/s:25 Jul 2023
Judge:Gearty MR
Category:Temporary Protection
Keywords:Child, Protection (Temporary)
Country of Origin:Ukraine
URL:courts.ie/viewer/pdf/a54eeb3e-a1c4-4743-a07c-afd7655d8c5a/2023_IEHC_495.pdf/pdf#view=fitH

Facts: Following the Russian invasion of Ukraine, a seven year old child was taken by her mother during an access visit from her home, where she lived with her father, step-mother and half-siblings, and brought to Ireland. The child’s parents had separated after she was born and she lived with her father, with her mother having regular access. The child’s … Read More

Principles:The Ukrainian resolution issued after the outbreak of conflict with Russia which permitted one parent to travel out of the country with children under the age of 18 did not and could not amount to the abandonment of international treaty obligations under the Hague Convention. The defence of grave risk arising from war was not established on the evidence or the statistics at the present time.
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A, B and C v Minister for Foreign Affairs and Trade

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A, B and C v Minister for Foreign Affairs and Trade
Respondent/Defendant: Minister for Foreign Affairs and Trade
Court/s:High Court, Supreme Court
Nature of Proceedings:Appeal
Judgment Date/s:09 May 2023
Judge: Murray B., Dunne E., Charleton P., Woulfe S., Hogan, G.
Category:Citizenship
Keywords:Child, Citizenship
URL:https://www.courts.ie/acc/alfresco/d2f91f33-75a6-4b89-b779-e87c317192e1/2023_IESC_10_(Murray%20J).pdf/pdf www.courts.ie/view/judgments/1a5028e3-c561-47e2-b4e2-a16c28641cfa/0c34f016-43f4-4c54-8975-d475088778e0/2023_IESC_10_(Hogan%20J).pdf/pdf

Facts: A and B were a same sex couple who lived in England and had a child through gestational surrogacy. The child was conceived using eggs donated by an anonymous donor inseminated with sperm from B. The surrogate was named as the child’s mother on the birth certificate, along with B as the child’s father. The couple, A and B, … Read More

Principles:The term “parent” in section 7(1) of the Irish Nationality and Citizenship Act 1956 must be interpreted to refer to the genetic father of the child and the birth mother.
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S.Y. v Minister for Children, Equality, Disability, Integration and Youth & ors

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S.Y. v Minister for Children, Equality, Disability, Integration and Youth & ors
Respondent/Defendant:The Minister for Children, Equality, Disability, Integration and Youth, Ireland, the Attorney General, the Child and Family Agency
Court/s:High Court
Citation/s:[2023] IEHC 187
Nature of Proceedings:Judicial Review
Judgment Date/s:21 Apr 2023
Judge: Meenan C.
Category:Asylum, Refugee Law
Keywords:Charter of Fundamental Rights of the European Union, Child, Minor, Protection (Application for International), Reception Conditions, Reception Conditions (Material)
Country of Origin:Afghanistan
URL:https://courts.ie/acc/alfresco/599db9da-fb81-48fc-9cfb-cbbdfa313df5/2023_IEHC_187.pdf/pdf#view=fitH

Facts: The appellant was a 17-year-old Afghan national who applied for international protection in Ireland. He did not have documents to prove his age when he applied for international protection, and it was believed by authorities that he was an adult. When he applied, he was informed that there was no accommodation available for international protection applicants. He was given … Read More

Principles: Failure to provide an applicant with material reception conditions is unlawful under the European Union (Reception Conditions) Regulations 2018 and such a failure is a breach of the right to human dignity under Article 1 CFREU.
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A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)

EMNireland


A (A Minor) -v- International Protection Appeals Tribunal (Labour Market Access)
Respondent/Defendant:International Protection Appeals Tribunal
Citation/s:[2023] IEHC 141
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Mar 2023
Judge:Simons, G.
Category:Asylum, Refugee Law
Keywords:Asylum Applicant, Child, Child Labour, Common European Asylum System (CEAS), Family Member, Minor, Reception Conditions, Reception Conditions (Material), Regularisation
URL:https://courts.ie/view/judgments/a6ff02c1-775d-46fd-b3d7-e4c89cf081b2/3dfbcb87-96e0-4360-a374-0c4447b6a4bd/2023_IEHC_141.pdf/pdf

Facts: The claimants were two parents and their child, who was under the age of two. The parents previously applied for international protection and their applications were unsuccessful. They were then subject to deportation orders.   Their child was born in April 2021 and an application was made for international protection in respect of the child. The parents contended that they … Read More

Principles:An infant child does not have a right to work in the Irish State, not only under the recast Reception Conditions Directive, but under national law. Thus the parents could not vicariously exercise a right that the child did not hold. The parents also could not derive a right to work from the child applicant.
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M.K. (Albania) v Minister for Justice and Equality

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M.K. (Albania) v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice, Ireland and the Attorney General
Court/s:Supreme Court
Citation/s:[2022] IESC 48
Nature of Proceedings:Judicial review
Judgment Date/s:24 Nov 2022
Judge:MacMenamin, J., Baker, M., Hogan, G., O’Donnell, D., O’Malley, I.
Category:Deportation
Keywords:Asylum Applicant, Charter of Fundamental Rights of the European Union, Child, Deportation Order, European Convention on Human Rights (ECHR), Minor (Unaccompanied)
Country of Origin:Albania
URL:www.courts.ie/acc/alfresco/b7644178-2667-49b6-9267-a026008e7947/2022_IESC_48_(Mac%20Menamin%20J).pdf/pdf#view=fitH

Facts: The appellant, MK, was a national of Albania and arrived in Ireland in 2016 as an unaccompanied minor. He lived with a foster family and was enrolled in school in Dublin. He applied for international protection in 2017 with the assistance of Tusla, and in 2018, he was granted permission to enter the labour market. He left school and … Read More

Principles:Exceptional circumstances do not need to be established for Article 8(1) ECHR rights to be engaged. A low threshold applies to engaging Article 8(1) rights. Once engaged, the decision-maker must then conduct a proportionality assessment under Article 8(2) ECHR as to whether the interference with a person’s Article 8 rights was proportionate to the legitimate aim being pursued.
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H.A. v Minister for Justice

EMNireland


H.A. v Minister for Justice
Respondent/Defendant:H.A.
Court/s:Court of Appeal
Citation/s:[2022] IECA 166
Nature of Proceedings:Judicial Review
Judgment Date/s:22 Jul 2022
Judge: Donnelly A
Category:Asylum, Family Reunification, Refugee Law
Keywords:Asylum, Child, Family Reunification, Family Unity (Right to), Minor
Country of Origin:Somalia
URL:https://courts.ie/acc/alfresco/bc913491-38f9-446a-ba0f-6324d8b0c8ad/2022_IECA_166.pdf/pdf#view=fitH

 Facts: The respondent was a national of Somalia who was granted refugee status in Ireland. She applied for family reunification with her niece and nephew under section 56 of the International Protection Act 2015. Her niece and nephew are orphans and she had accepted responsibility for them. A ‘Declaration of Responsibility’ from Somalia was submitted in this regard.  The application … Read More

Principles:In a decision on a family reunification application, the Minister must consider evidence submitted as regards the relationship of a parent to the child, in this case, a Declaration of Responsibility. This should be referenced in the decision issued by the decision maker.
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SH and AJ v Minister for Justice, Ireland and the Attorney General

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Respondent/Defendant:Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2022] IEHC 392
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Jun 2022
Judge:Ferriter C.
Category:International protection, Refugee Law
Keywords:Charter of Fundamental Rights of the European Union, Child, Discrimination (Indirect), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Minor
Country of Origin:Syria, Somalia
URL:https://www.courts.ie/acc/alfresco/80e83a63-c91b-47e7-a90d-99f4a672064e/2022_IEHC_392.pdf/pdf#view=fitH

Facts: SH was a Syrian national whose wife and three children resided in Syria. SH applied for international protection in Ireland in February 2020. There were delays in processing his case, including due to COVID-19. While awaiting an interview, one of SH’s sons turned 18. SH was granted refugee status in June 2021 and subsequently made a family reunification application … Read More

Principles:The delays experienced during the COVID-19 pandemic were exceptional and not unreasonable delays for processing an international protection application. The scope of the definition of family members eligible for family reunification under section 56 of the International Protection Act 2015 was a matter of policy choice by the legislature and not in breach of EU law, nor was it repugnant to the Constitution or the ECHR. Failure to inform a beneficiary of international protection of their right to family reunification promptly and in a language they can likely understand is in violation of Article 22 of the Qualification Directive 2004/83/EC
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X v Minister for Justice

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X v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 30
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:09 Jun 2020
Judge:Dunne E
Category:Refugee Law
Keywords:Child, Family Reunification, Minor, Refugee
Country of Origin:Cameroon
URL:https://www.courts.ie/acc/alfresco/8e8e0650-abef-4c54-91d9-48b06e388d74/2020_IESC_30(Unapproved).pdf/pdf#view=fitH

Facts The issue at the heart of this appeal was the extent or breadth of the definition of “child” for the purpose of refugee family reunification and whether that definition could include a minor who is not a biological or adopted child of the applicant. The High Court ([2019] IEHC 284) held that the term “child” in section 56(9) of … Read More

Principles:For the purposes of refugee family reunification, the term “child” in section 56(9) of the International Protection Act 2015 is limited to a biological or adoptive child.
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FB v Minister for Justice and Equality (No. 2)

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2018] IEHC 716
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Dec 2018
Judge:Keane D.
Category:Refugee Law
Keywords:Child, Family Life (Right to), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/6791ea72-531a-453a-810b-88cbad9da038/2018_IEHC_716_1.pdf/pdf#view=fitH

Facts: The applicant was a 75 year old Nigerian national who arrived in the State in 2005 and claimed asylum. She was recognised as a refugee in 2008 and in 2012 became a naturalised citizen. The applicant applied for family reunification with her granddaughters who were dependant upon her. The application was refused by the Minister and the applicant brought … Read More

Principles:It was incumbent on the Minister to consider the concrete reality of the relationship between the persons concerned and the extent to which it was one of “de facto family ties” protected by the right to family life under Article 8 of the Convention, and to set out the Minister’s reasoning on that issue expressly in the decision.
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Agha v Minister for Social Protection; Osinuga v Minister for Social Protection

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Respondent/Defendant:Minister for Social Protection
Court/s:Court of Appeal
Citation/s:[2018] IECA 155
Nature of Proceedings:Appeal
Judgment Date/s:06 May 2018
Judge:Hogan G.
Category:Citizenship, Refugee Law
Keywords:Asylum, Child, Citizenship, Citizenship (Acquisition of), Discrimination (Indirect), Equal Treatment (Principle of), Immigration, Migrant (Irregular), Refugee, Refugee Law
Country of Origin:Afghanistan, Nigeria, Ireland
URL:https://www.courts.ie/acc/alfresco/1117d422-fc42-41fe-8c30-88f03e2d04a5/2018_IECA_155_1.pdf/pdf#view=fitH
Geographic Focus:Other

xAgha v Minister for Social Protection; Osinuga v Minister for Social Protection Agha; Osinuga Minister for Social Protection Facts: The appellants were two sets of parents who were refused payment of child benefit due to their immigration status. In the Agha case, the parents were Afghan nationals who arrived in Ireland in 2008. They lived in direct provision and had … Read More

Principles:

There was no objective justification for the statutory exclusion of an Irish citizen resident in the State from eligibility for child benefit prior to the grant of status to her mother in January 2016. Accordingly, this statutory exclusion constituted a breach of the equality provisions of Article 40.1 of the Constitution.

The statutory requirement that a qualifying parent for the purposes of social welfare payments must also have a legal entitlement to reside in the State was not unconstitutional. The key issue was that of citizenship. The Oireachtas was entitled to attach conditions to the eligibility for social welfare of a non-national whose entitlement to reside in the State was contingent on a statutory entitlement. However, social welfare was payable in respect of a person from the date of the grant of refugee status in accordance with Article 28 of the Qualification Directive and insofar as Irish law precluded this payment based on the status of the child’s parents, this was incompatible with EU law.

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KRA v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:Court of Appeal
Citation/s:[2017] IECA 284
Nature of Proceedings:Appeal
Judgment Date/s:27 Oct 2017
Judge:Ryan S.
Category:Deportation
Keywords:Child, Deportation, Deportation Order, Immigration, Non-national
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/7b2278a6-5194-4c63-bc6d-24315b843318/2017_IECA_284_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: Ms KRA, the first named applicant, was born in Nigeria in 1975. She married there and had three children. In early 2008, she came alone to Ireland while pregnant and sought asylum. Her baby, the second named applicant, BMA, was born four days later on 14 March 2008. The asylum application was rejected and in March 2009, Ms KRA … Read More

Principles:

Article 42A of the Constitution did not amount to a bar to the deportation of a non-citizen child who was undergoing primary education in the State. The circumstances of the mother and child in this case did not require separate and individual consideration by the Minister. The Minister was not obliged to make a comparison between the educational opportunities in Ireland and Nigeria before making a decision on whether to revoke the deportation order. 

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U v Refugee Appeals Tribunal (No.2)

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:High Court
Citation/s:[2017] IEHC 613
Nature of Proceedings:Judicial Review
Judgment Date/s:24 Oct 2017
Judge:O'Regan M.
Category:Refugee Law
Keywords:Asylum application (Examination of an), Child, Dublin Transfer, Refugee, Transfer Order
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/114ec226-d494-4b1f-a961-c25e699cb9dc/2017_IEHC_613_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicants were a family of Pakistani nationals comprising a mother and her three children. They were granted visas to travel to the United Kingdom to allow them join their husband/father, where they resided between May 2014 and June 2015. They arrived in Ireland on 5 June 2015 and applied for asylum alleging a fear of persecution in Pakistan. … Read More

Principles:

In order to prevent the execution of a transfer order on Article 8 grounds, an especially compelling case under Article 8 would have to be demonstrated.

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ED v Refugee Appeals Tribunal

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Respondent/Defendant:Refugee Appeals Tribunal
Court/s:Supreme Court
Citation/s:[2016] IESC 77
Nature of Proceedings:Appeal
Judgment Date/s:21 Dec 2016
Judge:Clarke F.
Category:Refugee Law
Keywords:Asylum, Child, Discrimination (Direct), Discrimination (Indirect), Discrimination (Racial), Minor, Nationality (Ethnic), Persecution, Refugee, Refugee Law
Country of Origin:Serbia
URL:https://www.courts.ie/acc/alfresco/18079cc2-2bc5-4cbf-aeba-305bfade18c9/2016_IESC_77_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a child who applied for asylum on the basis of a well-founded fear of persecution if returned to Serbia on the basis of his Ashkali ethnicity. His application was rejected at first instance by the Refugee Applications Commissioner and on appeal to the Refugee Appeals Tribunal. Although it was accepted that the applicant would in all … Read More

Principles:

This decision establishes that discrimination can amount to persecution for the purposes of refugee status, especially where that discrimination was carried out by the State or condoned by the State by reason of lack of appropriate action. An overall assessment of the elements of discrimination is required in order to determine whether they cumulatively could be said to be sufficiently serious so as to amount to persecution.

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Bakare v Minister for Justice

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Respondent/Defendant:Minister for Justice
Citation/s:[2016] IECA 292
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:19 Oct 2016
Judge:Hogan G.
Category:Deportation
Keywords:Child, Deportation, Family Life (Right to), Third-Country National, Union Citizen
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/be94c6e9-50fc-42ee-902d-0c3d2a1b9fe1/2016_IECA_292_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: In Bakare v Minister for Justice the Court of Appeal considered the applicability of the Zambrano case in situations where it is proposed to deport only one parent of an Irish citizen child. The applicant was a Nigerian citizen who arrived in the State in February 2002 when he applied for asylum on grounds of his ethnicity and his … Read More

Principles:

The decision of the Court of Appeal in Bakare confirmed that Zambrano is only applicable in cases where the denial of residency or similar rights to one or both third country nationals who are the parents of EU citizen children is likely to bring about a situation where those children are in practice compelled to leave the territory of the Union. The rule in Zambrano does not apply to decisions to deport one parent of an Irish citizen child where the other parent is residing in Ireland and there is no appreciable risk that the deportation of one parent will force the child to leave.

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KRA v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2016] IEHC 289
Nature of Proceedings:Judicial Review
Judgment Date/s:12 May 2016
Judge:Humphreys R.
Category:Deportation
Keywords:Child, Deportation, Deportation Order
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/eea82660-9980-4e8b-a9a0-0aede42bc405/2016_IEHC_289_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: In KRA v Minister for Justice the applicants were a family of Nigerian citizens in respect of whom deportation orders were made by the Minister. They subsequently sought revocation of the deportation orders on the basis that the deportation of their child to Nigeria would violate the child’s right to education having regard to inadequate educational system in Nigeria. … Read More

Principles:

The decision in KRA v Minister for Justice and Equality establishes that the Minister is not prohibited from deporting a non-citizen child to a country with an inadequate education system.

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