Scully v Minister for Justice and Equality


Scully
Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2012] IEHC 466
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Apr 2012
Category:Deportation, EU Treaty Rights, Residence
Keywords:Child, Citizenship, Deportation, Deportation Order, EU Treaty Rights, Family (Nuclear), Family Life (Right to), Family Member, Family Unity (Right to), Immigrant, Migrant (Labour), Minor, Non-EU National, Non-national, Residence, Union Citizen
Country of Origin:Ireland / Nigeria
Geographic Focus:Ireland

Facts The applicants were the parents and minor children, whose husband and father, the second applicant was made the subject of a deportation order in 2009, and on foot of which he was deported. An application was made to the Minister to revoke the deportation order but the Minister refused. The applicants sought to quash the refusal to revoke the … Read More

Principles:

The Minister must construe and apply the protections afforded by Article 40.3, 41 and 42 of the Constitution of Ireland and Article 3 and 8 of the European Convention on Human Rights (ECHR) in light of the personal and family circumstances of applicants, particularly in relation to minor applicants as [Irish and] EU citizens.

The Minister must reach reasonable and proportionate conclusions, given the permanent impact of a deportation order on the personal and family circumstances of applicants, and having regard to any changed facts contained in an application to revoke a deportation order, and to circumstances where there are minor applicants who are [Irish and] EU citizens.

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