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
AN & Ors v Minister for Justice & Anor
| 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 |
| 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. |