AN & Ors v Minister for Justice & Anor

emnadmin

Respondent/Defendant:Minister for Justice & Anor
Court/s:Supreme Court
Citation/s:[2007] IESC 44, Unreported
Judgment Date/s:18 Oct 2007
Category:Deportation, Refugee Law
Keywords:Deportation, Family Unity (Right to), Minor, Refugee, Refugee Law, Refugee Status
URL:https://www.courts.ie/acc/alfresco/7183d6c0-4e62-4c68-9594-1f5a5e787526/2007_IESC_44_1.pdf/pdf#view=fitH
References:Immigration Act 1999

The Minister issued the parent and children applicants with deportation orders as failed asylum seekers pursuant to Section 3(2)(f) of the Immigration Act 1999. The applications for asylum were in the parent applicants’ names but not in the children’s names. The children had not been issued with refugee status determinations. The applicants challenged the children’s deportation orders on the basis … Read More

Principles:

Section 3(2)(f) of the Immigration Act 1999 cannot apply to children where there is no asylum application on their behalf. Where an application by a parent of a minor is unsuccessful, the child is entitled to apply for asylum based on his own circumstances. Where a child's parents are successful in an application for asylum, the child should benefit by virtue of the principle of family unity.

Go Back