HK and Others 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:[2014] IEHC 506
Nature of Proceedings:Judicial Review
Judgment Date/s:01 Oct 2014
Judge:Barr J.
Category:Refugee Law
Keywords:Deportation, Minor, Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/51382d0d-eb76-4d09-997c-e1e401c0d88e/2014_IEHC_506_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first named applicant was a 40 year old mother of the second, third, fifth and sixth named applicants and the stepmother of the fourth named applicant. They were all Nigerian nationals. Her youngest child, A.K., was born in Ireland on the 2nd May, 2006. The applicants sought to quash decisions of the Minister for Justice refusing to revoke … Read More

Principles:

Where new evidence is submitted to the Minister for Justice in support of a request for revocation of deportation orders from a family under s. 3(11) of the Immigration Act 1999, showing that a member of that family has been subject to FGM, the Minister is obliged to give consideration to the question of whether affirming the orders will breach the prohibition on refoulement and analogous obligations on him or her. He or she will not be entitled to affirm the orders simply on the basis of the fact that the analysis leading to the making of them had had regard to country of origin information showing inter alia that FGM was decreasing, bearing in mind that such evidence was not before him or her at that time and the need to assess whether or not the infliction of FGM on one family member might detract from the weight that would normally be attached to such country of origin information.

The subjects of deportation orders are estopped by their conduct from challenging the orders by way of judicial review if they seek revocation of them, thereby acknowledging their validity.

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