A.S.A. v Minister for Justice and Equality

EMNireland


ASA v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court, Supreme Court
Nature of Proceedings:Judicial Review
Judgment Date/s:24 Nov 2022
Judge: MacMenamin J.
Category:Asylum, Refugee Law
Keywords:Asylum Applicant, Carltona Principle, Deportation, Leave to Remain, Protection (International), Return
Country of Origin:Nigeria
URL:www.courts.ie/view/judgments/b76af74a-fd59-4100-9a63-31b836b1eeed/de05c437-f17e-47ad-a7d9-893981bb5f42/2022_IESC_49.pdf/pdf

 Facts: The appellant was a national of Nigeria. He submitted an application for international protection in 2016, which was unsuccessful. The appellant was informed that an International Protection Officer (IPO) had recommended he not be granted refugee status or subsidiary protection pursuant to section 39 of the International Protection Act 2015. He was subsequently informed that the Minister for Justice … Read More

Principles:There is no conflict of roles or functions exists between an international protection officer in their role in the international protection procedure, and an officer of the Minister in their role in permission to remain decisions under section 49 of the 2015 Act.
Go Back

T.P. v Minister for Justice and Equality

admin


T.P. v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:Court of Appeal
Citation/s:[2021] IECA 50
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:22 Feb 2021
Judge:Faherty J.
Category:International protection, Residence
Keywords:Deportation, European Convention on Human Rights (ECHR), Family Life (Right to), Family Member, Family Unity (Right to), Final Decision, Leave to Remain
Country of Origin:Nigeria
URL:www.courts.ie/view/judgments/c7b41c59-f483-4f5b-a629-77963774b876/0a282be6-4bdd-4b8a-a990-e0dac15eae1a/2021_IECA_50%20(Unapproved).pdf/pdf

Facts: The appellant, a Nigerian national, arrived in Ireland in February 2013. He applied for international protection, but this application was unsuccessful. In October 2016, the appellant applied for leave to remain pursuant to section 3 of the Immigration Act 1999, as amended. He had been in a relationship with his partner, a Zimbabwean national, since 2013. His partner’s application … Read More

Principles:The threshold for substantial grounds for judicial review of a refusal of an application for leave to remain was met where the Minister was presented with a person’s de facto family situation and the prospect that their de facto family members were likely to be granted leave to remain were not considered in the requisite weighing exercise undertaken when deciding to issue a deportation order.
Go Back