Alli 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
Citation/s:[2009] IEHC 595
Nature of Proceedings:Judicial Review
Judgment Date/s:02 Dec 2009
Judge:Clark J.
Category:Citizenship, Deportation
Keywords:Citizenship, Deportation
URL:https://www.courts.ie/acc/alfresco/45833986-d0cf-4077-8a08-5113cde15b1a/2009_IEHC_595_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:Asibor v Minister for Justice, Equality and Law Reform; Oguekwe v Minister for Justice, Equality and Law Reform

The Applicants were father and son. Mr Alli was a Nigerian national, his son an Irish citizen whose mother had leave to remain in the State under the IBC05 scheme. Mr Alli was refused refugee status and humanitarian leave to remain and a deportation order was made against him by the Minister. The Applicants sought a judicial review of the … Read More

Principles:The rights of Irish citizens to the society of non-citizen family members in the State are not absolute and may be outweighed by the substantial reason outlined by the Minister for the deportation of non-citizen family members, even if this means that the Irish citizens will be forced to leave the State. Whether the Minister applies an insurmountable obstacles’ test or a ‘reasonableness’ test in assessing whether Irish citizens can follow their deported family members abroad makes no material difference
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