Facts The elderly South African parents of Mrs O’Leary, a naturalised Irish citizen, wanted to live with their daughter and her family in the State. Mrs O’Leary’s parents had often visited their family in Ireland, and her mother had looked after the grandchildren during the summer months every year since 1996. The applicants claimed that Mrs O’Leary’s parents were dependent … Read More
O’Leary and Others v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform and Others |
| Court/s: | High Court |
| Citation/s: | [2011] IEHC 256 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 30 Jun 2011 |
| Judge: | Hogan J. |
| Category: | Deportation, Residence |
| Keywords: | Deportation, Family Member, Family Unity (Right to), Residence |
| Country of Origin: | South Africa |
| URL: | https://www.courts.ie/acc/alfresco/47d0f1d5-5f67-4e7e-95b4-1fe29ded4abb/2011_IEHC_256_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| References: | T.M. v Minister for Justice, Equality and Law Reform |
| Principles: | Contested immigration decisions where the immigrant has Irish family may, as in this case, fall to be assessed for their legality from the perspective of the Irish citizens. In immigration-related administrative decision making, decision maker should seek to given an overall assessment of the merits of an application, rather than seek and articulate grounds to support a refusal. S. 4 of the Immigration Act 2004 gives the Minister power to extend any permission to be in the State to a non Irish national and to prescribe conditions as regards duration which justly and reasonably meets the exigencies of a case. Consideration of an applicant’s request under s. 4 of the Immigration Act 2004 cannot isolate the financial aspect of a case, lest it be unbalanced. |