Bode and 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, Supreme Court
Citation/s:[2006] IEHC 341, [2007] IESC 62, Unreported
Judgment Date/s:20 Dec 2007
Judge:Murray C.J., Denham, Fennelly, Kearns and Finnegan JJ.
Category:Citizenship, Deportation
Keywords:Citizenship, Deportation, Deportation Order
URL:https://www.courts.ie/acc/alfresco/db10cc28-3d14-4dd0-b976-72674ef380c1/2006_IEHC_341_1.pdf/pdf#view=fitH, https://www.courts.ie/acc/alfresco/2712d0e6-2e6b-4ddc-910c-4d4a1cf03237/2007_IESC_62_1.pdf/pdf#view=fitH

In December 2004, the Minister announced revised arrangements for processing claims from non-national parents of Irish children for permission to remain in Ireland. A notice setting out details of the scheme was published in January 2005. This notice invited applications for permission to remain in the State from non-national parents of Irish born children before January 1 2005. The arrangements … Read More

Principles:Applications pursuant to the “IBC/05” Scheme were properly subject to the requirements of the scheme as set out and which included a requirement of continuous residence. The Minister was not obliged to consider applicants’ constitutional or ECHR rights in determining applications pursuant to the scheme, such rights being appropriately considered pursuant to Section 3 of the Immigration Act 1999, as amended, on foot of proposed deportation.
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