The applicants were a Nigerian husband and wife and their four children, two of whom were Irish citizen children. The mother had been granted residency pursuant to the “IBC/05” Scheme. The father had been refused residency under that scheme on the basis that he had not lived continuously in the State since the birth of the children. The father had … Read More
OO and Ors v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2007] IEHC 275 |
| Judgment Date/s: | 03 Jul 2007 |
| Judge: | Peart |
| Category: | Citizenship, Deportation |
| Keywords: | Citizenship, Deportation, Deportation Order |
| Country of Origin: | Nigeria |
| URL: | http://www.courts.ie/__80256F2B00356A6B.nsf/0/6D03672CB5A60F23802573540031D4EB?Open |
| Principles: | The Minister is obliged to consider the constitutional and ECHR rights of Irish children in contemplation of the removal of the father of such children, lest the Minister be in breach of the requirements under Section 3(1) of the European Convention on Human Rights Act 2003. Evidence of irreparable loss may be required if an applicant with family including Irish children seeks an injunction restraining his deportation. Where there is egregious conduct on the part of an applicant, a Court will require very compelling circumstances to allow equity to intervene in favour of granting interlocutory relief. |