AL 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 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

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

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.

A person who was or might be “affected” or “adversely affected” by a discretionary decision of a public body has a constitutional right to fair procedures, which encompasses the right to be heard.

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