Facts: The applicant was a Chinese citizen, who arrived in the State in 2001. He was married to a Chinese citizen, AL ([2014] IEHC 503), and they had a daughter, who was being raised in China. He was discovered by the Gardai to be living in Ireland without permission, which resulted in the issuing by the Minister for Justice of … Read More
QL 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 507 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 01 Oct 2014 |
| Judge: | Barr J. |
| Category: | Refugee Law |
| Keywords: | Deportation, Refugee |
| Country of Origin: | China |
| URL: | https://www.courts.ie/acc/alfresco/ce7b04c9-21bc-4345-bef9-12ae5f8961de/2014_IEHC_507_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. 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 |