Cosma 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, Supreme Court
Citation/s:[2006] IESC 44, Unreported
Judgment Date/s:02 May 2006
Judge:Peart
Category:Deportation, Residence
Keywords:Deportation, Deportation Order
Country of Origin:Romania
URL:https://www.courts.ie/acc/alfresco/3c3338e0-5c8e-4a25-a9c6-cf1400f7d718/2006_IESC_44_1.pdf/pdf#view=fitH

The applicant, a failed asylum seeker from Romania, was issued with a deportation order. She requested a revocation of the order and furnished the Minister with a psychiatric report stating that she had suicidal ideations. The Minister refused to revoke the order, and the applicant sought to quash the deportation order on the basis that her deportation would be in … Read More

Principles:In seeking to revoke a deportation order because of suicidal ideations an applicant must prove that there is a real and substantial risk of suicide due to the deportation. Analytical medical evidence is required for this purpose. Section 3(11) of the Immigration Act 1999 is not governed by Section 5 of the Illegal Immigrants (Trafficking) Act 2000.
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