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
A.Z. & ors v the Minister for Justice and Equality
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] |
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. |