Facts: The applicant was a Chinese citizen who had entered the State on the basis of a student visa in 2004. Her permission to be in the State expired in 2005 and she remained illegally in the State thereafter. Pursuant to s. 3 of the Immigration Act 1999, a proposal to deport her was made in 2008 on the ground … Read More
AL v Minister for Justice and Equality, Ireland and the Attorney General
| Respondent/Defendant: | Minister for Justice and Equality, Ireland and the Attorney General |
| Court/s: | High Court |
| Citation/s: | [2014] IEHC 503 |
| Nature of Proceedings: | First instance |
| Judgment Date/s: | 01 Oct 2014 |
| Judge: | Barr J. |
| Category: | Refugee Law |
| Keywords: | Deportation, First instance, Refugee |
| Country of Origin: | China |
| URL: | https://www.courts.ie/acc/alfresco/441404cb-dac1-4b63-b327-ce9ac06a5f63/2014_IEHC_503_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | The procedure provided for in s. 3 of the Immigration Act 1999 safeguards the right of a proposed deportee to make representations to the Minister before any deportation order is made, and constitutes sufficient protection of the right to make representations under Article 41 of the Constitution and article 8 ECHR. The lack of an entitlement on the part of the proposed deportee to leave the State before a deportation order is made if the representations do not succeed in persuading the Minister for Justice to grant the proposed deportee leave to remain, does not amount to a breach of the proposed deportee’s rights under the Constitution or article 8 ECHR. |