AJ v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2013] IEHC 296
Nature of Proceedings:Judicial Review
Judgment Date/s:18 Jun 2013
Judge:Clark J.
Category:Residence
Keywords:Member State (Remain in the), Protection (Humanitarian), Refoulement, Residence
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/f8ce6b8e-0505-4809-88ed-3d981bef3226/2013_IEHC_296_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The first applicant, an Afghan national, sought to quash a positive decision granting him leave to remain in circumstances where he had not challenged a decision by the Minister for Justice to refuse visa applications made in respect of his family, who were living in Iran. The Minister had a general policy not to permit any person, whether related … Read More

Principles:

A person the subject of a grant of leave to remain will not necessarily be entitled to reasons why that grant was made, at least in circumstances where it is open to the High Court to infer from the evidence what those reasons were.

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PJ & Ors 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
Citation/s:19 October 2011, 2011 IEHC 433, Unreported
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Oct 2011
Judge:Hogan J.
Category:Deportation
Keywords:Child, Deportation, Deportation Order, Family Life (Right to), Protection (Humanitarian), Removal, Removal Order, Third-Country national found to be illegally present
URL:http://www.courts.ie/judgments.nsf/6681dee4565ecf2c80256e7e0052005b/c639b2992f99484c8025798800520265
Geographic Focus:Ireland

The applicants had sought leave to challenge their deportation orders, and the respondent refused to undertake not to deport them beyond a certain date. The applicants sought an interlocutory injunction restraining their deportation. The issues before the Court were whether the applicants were entitled to an interlocutory injunction pending the determination of the leave application, and, if so, whether the … Read More

Principles:

The phrase ‘stay of proceedings’ in Order 84 rule 20(7)(a) of the (N.B., pre 2012) Rules of the Superior Courts should be interpreted by reference to its basic underlying purpose, namely, to ensure that the High Court can make an order with suspensive effect in respect of both administrative, including deportation, as well as judicial decisions. The grant of a stay under r. 20(7(a) of the (N.B., pre 2012) Rules of the Superior Court is not governed by Campus Oil principles. Rather, an applicant is entitled to a stay pending the outcome of a leave application, absent special circumstances.

Special circumstances may include where the proceedings are doomed to fail or where there was no reasonable prospect that leave would be granted. While the mere fact that of medical resources in an applicant’s country of origin being significantly worse than those available in Ireland will not in itself justify judicial intervention, s. 3 of the Immigration Act 1999 presupposes that all relevant considerations, including humanitarian considerations, will be fairly examined prior to the making of a deportation order.

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