Hussein v Labour Court & Anor

Respondent/Defendant:Labour Court & Anor
Court/s:High Court
Citation/s:Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:31 Aug 2012
Judge:Hogan J
Category:Employment
Keywords:Employee, Employer, Employment, Employment (Illegal), Employment of ILLEGALLY resident third-country national (Illegal), Exploitation, Foreigner, Immigration (Illegal), Migrant (Illegally resident / staying), Migrant Worker, Migration (Exploitative), Third-Country National, Third-Country national found to be illegally present
Country of Origin:Pakistan
URL:http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/3f2a0cfdd0d10ccd80257a6b004e2e1b
Geographic Focus:Ireland

Facts The applicant, Mr Hussein, and the notice party, Mr Younis are Pakistani nationals and cousins. In 2002, Mr Hussein, who operates a restaurant in Ireland, recruited his cousin to work as a Tandoori chef. Mr Younis maintained that he was required to work seven days a week with no holidays, that he was paid what amounted to pocket money … Read More

Principles:

Neither the Rights Commissioner nor the Labour Court can lawfully entertain an application for relief in respect of an employment contract that is substantively illegal for want of a work permit. Undocumented migrant workers do not benefit from employment legislation, even where they are not responsible for their unlawful status.

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Leontjava and Chang v Director of Public Prosecutions

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Respondent/Defendant:Director of Public Prosecutions
Court/s:High Court, Supreme Court
Citation/s:[2005] 1 ILRM, Unreported
Judgment Date/s:22 Jan 2004
Judge:Finlay Geoghegan
Category:Deportation
Keywords:Deportation, Deportation Order, Immigrant, Immigration, Immigration (Illegal)
References:Aliens Order 1946; Aliens Act 1935; Immigration Act 1999

Until 1999 the Aliens Act (1935) had been the primary legislation governing the operation of the State’s immigration controls. Orders made under Section 5 of that Act (principally the Aliens Order 1946 as amended by an extensive series of later orders) set out a detailed scheme for controlling the entry of non-nationals into the State, including provisions granting permission to … Read More

Principles:The Oireachtas is entitled to make legislation “by reference” to material not contained in the body of an act. Section 2 of the Immigration Act 1999 is not unconstitutional.
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Laurentiu v Minister for Justice, Equality and Law Reform and Ors

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Respondent/Defendant:Minister for Justice, Equality and Law Reform & Ors
Court/s:High Court, Supreme Court
Citation/s:[2000] 1 ILRM 1, Unreported
Judgment Date/s:22 Jan 1999
Judge:Geoghegan
Category:Deportation
Keywords:Deportation, Deportation Order, Immigrant, Immigration, Immigration (Illegal)
References:Aliens Order 1946; Aliens Act 1935

The State appealed against a decision of the High Court that found that Section 5(1)(e) of the Aliens Act 1935 was unconstitutional. The High Court had found that this Section unconstitutionally delegated the power of deportation to the Minister when it was essentially a legislative measure. The Supreme Court upheld the finding that Section 5 of the Aliens Act 1935 … Read More

Principles:Section 5(1)(e) of the Aliens Act 1935 was unconstitutional in the manner in which it gave the Minister for Justice the power to deport.
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Tang and Ors v Minister for Justice and Ors

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Respondent/Defendant:Minister for Justice & Ors
Court/s:High Court, Supreme Court
Citation/s:[1996] 2 ILRM 46;[1996] ICLY. 80, Unreported
Judgment Date/s:11 Oct 1994
Judge:Flood
Category:Deportation
Keywords:Deportation, Deportation Order, Immigrant, Immigration, Immigration (Illegal)
Country of Origin:China (Hong Kong)

The applicants were Hong Kong nationals with British Hong Kong passports. They arrived in the State lawfully but contravened requirements regarding length of stay and employment. They subsequently came to the attention of the Gardai and the Department of Justice then refused them permission to remain in the State. The Tangs sought to have this decision quashed by judicial review … Read More

Principles:

The provision of Article 13 of the Aliens Order 1946 is within the powers conferred on the Minister by the Aliens Act 1935.

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Minister for Justice v Wang Zhu Jie

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Respondent/Defendant:Wang Zhu jie
Court/s:High Court, Supreme Court
Citation/s:[1993] 1 IR 426
Judgment Date/s:07 May 1991
Judge:Costello
Category:Deportation
Keywords:Deportation, Immigrant, Immigration, Immigration (Illegal)

Plain clothes Gardai (police) entered premises without a warrant, identified themselves and made immigration related enquiries. They arrested Mr. Wang who worked on the premises. The Defendant argued that the arrest was illegal because the Gardai were trespassing when they entered. The defence also challenged the legality of the Aliens Order 1946 claiming it was ultra vires the Aliens Act … Read More

Principles:

The Aliens Order 1946 is not ultra vires the Aliens Act 1935. Arrests are permissible under the 1935 Act.

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