A non-national in respect of whom a deportation order is made will not obtain a derivative right to remain in the State on the basis of the Treaty on the Functioning of the European Union and the decision of the Court of Justice of the European Union in  C-34/09 Zambrano by virtue of being the parent of Irish and, hence, EU citizen children, if his deportation will not oblige them to leave the State or the territory of the European Union.

Having regard to Article 51 of the Charter of Fundamental Rights, Article 7 (right to respect for private and family life) and Article 24 (best interests of children a primary consideration in actions concerning children), will not impinge on the power of the State to deport a non-national parent of Irish citizen children because that power is not part of the implementation of Union law.

Deportation of a non-national who has a medical condition will not breach article 3 ECHR in the absence of exceptional circumstances, such as a threat to life, and particularly where treatment for the condition is available in his or her country of origin.

The extent of the obligation on the Minister for Justice to consider aspects of a proposed deportee’s family life in the course of an application for revocation of the deportation order existing in respect of him or her will vary depending on the extent to which such matters have been considered in making the deportation order and in determining any previous application for revocation.