BS v Minister for Justice and Equality, Ireland and the Attorney General

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Respondent/Defendant:Minister for Justice and Equality, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2014] IEHC 502
Nature of Proceedings:Judicial Review
Judgment Date/s:01 Oct 2014
Judge:Barr J.
Category:Deportation
Keywords:Deportation, Deportation Order
Country of Origin:Albania
URL:https://www.courts.ie/acc/alfresco/a775f14a-cfe3-4f6f-ad99-dda89924238f/2014_IEHC_502_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a national of Albania. She claimed asylum and claimed to have come to Ireland for a better life. She subsequently revised her claim and contended that she was fleeing traffickers in Albania, who had previously forced her into prostitution in Italy. It transpired that she had been in Belgium during the timeline contained in her narrative, … Read More

Principles:

In deciding whether or not to revoke a deportation order on the basis of a medical report containing an opinion that deportation would give rise to a risk of suicide, it is appropriate for the Minister for Justice to have regard to whether or not the report is contemporaneous with any request for revocation, whether or not its author is a psychologist or psychiatrist, and whether the assertions upon which such an opinion is based are consistent with the applicant’s history as related to bodies such as the asylum and immigration authorities. If the report is not contemporaneous, if the author is not psychologist or psychiatrist, and if the assertions upon which the opinion is based differ from the narrative furnished to the asylum and immigration authorities, it will be open to the Minister to affirm the order and deport the subject of the request for revocation.

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