O’Leary and Others v Minister for Justice, Equality and Law Reform

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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

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

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.

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