O’Leary v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality et al
Court/s:High Court
Nature of Proceedings:High Court of Ireland; Inter Partes; Application for Judicial Review
Judgment Date/s:24 Feb 2012
Judge:Cooke J
Category:Residence
Keywords:Family Life (Right to), Immigration, Residence, Residence Permit
URL:https://www.courts.ie/acc/alfresco/a5d3f6ab-fcd4-4a74-a1d9-a38b890d88f8/2012_IEHC_80_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The elderly South African parents of Mrs O’Leary, a naturalised Irish citizen, wanted to live with their daughter and her family in the State. Mrs O’Leary’s parents had often visited their family in Ireland, and her mother had looked after the grandchildren during the summer months every year since 1996. The applicants claimed that Mrs O’Leary’s parents were dependent … Read More

Principles:

Contested immigration decisions where the immigrant has Irish family may, as in this case, fall to be assessed for their legality from the perspective of the Irish citizens.
 
In immigration-related administrative decision making, decision maker should seek to given an overall assessment of the merits of an application, rather than seek and articulate grounds to support a refusal.

S. 4 of the Immigration Act 2004 gives the Minister power to extend any permission to be in the State to a non Irish national and to prescribe conditions as regards duration which justly and reasonably meets the exigencies of a case.

Consideration of an applicant’s request under s. 4 of the Immigration Act 2004 cannot isolate the financial aspect of a case, lest it be unbalanced.

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Pachero v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality et al
Court/s:High Court
Nature of Proceedings:High Court of Ireland; Inter Partes; Application mandatory injunction by way of Judicial Review
Judgment Date/s:29 Dec 2011
Judge:Hogan J
Category:Deportation
Keywords:Border Crossing, Deportation, Immigration
URL:http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/d52e538177f9f42e802579a400538785?OpenDocument
Geographic Focus:Ireland

Facts The applicants, a young married couple form Boliva (a visa exempt state), arrived at Dublin airport and were given  leave to land by an immigration officer under s. 4 of the Immigration Act 2004. Believing they could avail of the common travel area, they travelled via Northern Ireland to Scotland (en route to visit an aunt in England) and … Read More

Principles:

A permission previously granted under s. 4(1) of the Immigration Act 2004 lapses once the applicant leaves the State.

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PS & BE v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Mar 2011
Judge:Hogan J.
Category:Deportation
Keywords:Deportation, Deportation Order, Family Life (Right to), Immigration
Country of Origin:Ireland and Nigeria
URL:https://www.courts.ie/acc/alfresco/c91b71d4-8831-497c-a440-818740ab5266/2011_IEHC_92_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

P.S. was an Irishman who suffered from an intellectual disability, bi-polar disorder and a number of other chronic medical conditions requiring on-going medical supervision. He lived in the midlands and received the daily support of a religious order. In May 2009 P.S. met B.E., a Nigerian asylum seeker, and in November 2009 they were married. In December 2009, B.E.’s claim … Read More

Principles:

The requirement that the Minister must balance competing rights necessarily involves a recognition that, important as the principle of maintaining the integrity of the asylum system undoubtedly is, it must sometimes yield to countervailing and competing values, one of which is the importance of protecting the institution of marriage

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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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