AO 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:17 January 2012, 2012 IEHC, Unreported
Nature of Proceedings:Application for a stay on the implementation of a deportation order pending the determination of an application for leave for judicial review.
Judgment Date/s:17 Jan 2012
Judge:Hogan J.
Category:Deportation
Keywords:Child, Citizenship, Dependant, Deportation, Deportation Order, Family Life (Right to), Removal Order, Third-Country national found to be illegally present, Union Citizen
URL:https://www.courts.ie/acc/alfresco/bf3ea1b6-e98f-447c-a9c1-4eecdc63deea/2012_IEHC_8_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

The Applicant sought a stay on the implementation of his deportation order.  The Court had vacated an earlier interim injunction that the Court had granted after it transpired that the Applicant had failed to disclose a material fact, (i.e., that he had already applied, unsuccessfully, to the High Court for injunction). The Applicant presented himself to immigration officials as Mr … Read More

Principles:
  1. Where the non Irish national parent of an Irish child seeks an injunction restraining his or her deportation, the Court cannot not look at the matter from the point of view of the non national parent, but must look at it from the perspective of the child.
  2. Article 41.2 of the Constitution of Ireland implies that all children, irrespective of the marital status of their parents, have the same equal rights to that which the Constitution postulates as representing the fundamental rights of children in a family setting,
  3. Non marital Irish children must be deemed to have an unenumerated personal right by virtue of Article 40.3.1 to have the same rights as children whose parents are married.
  4. Non marital Irish children have a right to the care and company of their parents.
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