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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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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Yeasin v Minister for Business, Enterprise and Innovation

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Yeasin v Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation, Ireland
Court/s:High Court
Citation/s:[2021] IEHC 821
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Dec 2021
Judge:Meenan C.
Category:Employment, Immigration law
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Employment of LEGALLY resident third-country national (Illegal), Illegal Stay, Non-EU National, Residence Permit
Country of Origin:People’s Republic of Bangladesh
URL:https://www.courts.ie/acc/alfresco/ce8bc5de-715b-467d-8727-572767e3c75a/2021_IEHC_821.pdf/pdf#view=fitH

Facts: The applicant, a national of Bangladesh, entered the State on the basis of a student permission. This permission remained valid until the applicant was granted a residence card as a qualifying family member of his EU citizen spouse. The marriage subsequently broke down and the spouse returned to their EU country of origin. The applicant wrote to the Minister … Read More

Principles:The Minister for Business, Enterprise and Innovation has discretion to issue an employment permit where the person does not hold a current immigration permission to be in the State.
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H & anor v Minister for Justice and Equality

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H & anor v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality, Ireland
Court/s:High Court, Supreme Court
Citation/s:[2020] IEHC 360, [2021] IESC 0032
Nature of Proceedings:Appeal
Judgment Date/s:11 May 2021
Judge:Charleton P.
Category:Deportation
Keywords:Deportation Order, European Convention on Human Rights (ECHR), Family Member, Free Movement, Illegal Stay, Minor, Union Citizen
Country of Origin:Pakistan
URL:https://www.courts.ie/view/judgments/890a1003-8ef2-425c-935a-40d96c3b1c33/c6bf103b-a935-4894-b4d8-b9b773ba936f/2021_IESC_32.pdf/pdf

Facts: MIH and her daughter, SIH, are Pakistani nationals. They arrived in Ireland in 2014 with MIH’s brother, a British citizen and applied for EU1 Residence Cards. These applications were refused. At that time, the Minister issued notifications proposing to deport the applicants pursuant to section 3 of the Immigration Act 1999, as amended. However, it was not until 18 … Read More

Principles:Delay in issuing a deportation order, in and of itself, cannot create rights to remain in the State where otherwise non-nationals have no entitlement to residence.
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Jin Liang Li v Governor of Cloverhill Prison

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Li
Respondent/Defendant:Governor of Cloverhill Prison
Court/s:High Court
Citation/s:[2012] IEHC 493
Nature of Proceedings:Application pursuant to Article 40.4 of the Constitution
Judgment Date/s:28 Nov 2012
Category:Detention, Refugee Law
Keywords:Asylum, Asylum (Application for), Detainee, Detention, Detention Facility, Enforcement Measure, Illegal Stay, Migrant (Illegally resident / staying), Non-national, Overstay(er), Refugee, Removal, Repatriation, Return (Forced), Third-Country national found to be illegally present
Country of Origin:China
URL:https://www.courts.ie/acc/alfresco/a7c7aa7f-d1f0-445a-a68d-2aa94dc25131/2012_IEHC_493_1.pdf/pdf#view=fitH

Facts The applicant was a Chinese national who was living in the State for approximately 13 years, having overstayed his visa entitlements and had been working illegally. The applicant refused to cooperate in obtaining travel documents for him and it later transpired that he had another valid passport unknown to the Irish authorities. He was arrested and as arrangements were … Read More

Principles:

The power to arrest an asylum applicant under section  9(8)(a) of the Refugee Act and detain him or her for up to 21 days is a form of preventive civil detention.

Given the constitutional guarantee in Article 40.4.1 the objective necessity for such detention must be compellingly established. The constitutional considerations must inform, and by necessity, delimit these powers to arrest and detain a person. The words ‘public order’ are juxtaposed beside ‘national security’ and this meant that the phrase ‘public order’ must be given its narrower and more restricted meaning. In that context the reference to public order referred to the threat posed to fundamental state interests by the likely conduct or even, in particularly unusual cases, the very presence of the applicant for asylum in the State.

Conduct which flouted the immigration regime, such as not cooperating or working illegally, was not conduct which threatened fundamental state interests.

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