Ugbelase 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
Citation/s:[2009] IEHC 598
Nature of Proceedings:Judicial Review
Judgment Date/s:17 Dec 2009
Judge:Cooke J
Category:Citizenship, Deportation
Keywords:Child, Citizenship, Deportation, Family Life (Right to)
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/08a7a5d0-8d52-4d4d-827e-1a21b0d071c2/2009_IEHC_598_1.pdf/pdf#view=fitH
References:OE v Minister for Justice, Equality and Law Reform; Osheku v Ireland; Fajujonu v Minister for Justice, Equality and Law Reform; A.O. and D.L. v Minister for Justice, Equality and Law Reform; Oguekwe v Minister for Justice, Equality and Law Reform; Dimbo v Minister for Justice, Equality and Law Reform; G. v An Bord Uchtala; McGee v Attorney General; Finn v Attorney General; Ryan v Attorney General

Mr Ugbelase was a Nigerian citizen whose application for refugee status in Ireland was refused. He met and married an Irish citizen. The Minister issued a proposal to deport him and invited him to make representations for humanitarian leave to remain. He made representations in December 2008 in which he mentioned his marriage to an Irish citizen. He did not … Read More

Principles:The deportation of a non-national parent could not in any sense interfere with the only right of the unborn child enshrined in Article 40.3.3 of the Constitution, namely the right to life (that is, the right to be born).
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