Facts: The applicants were a father, a mother and their two children. They were all nationals of Malawi who unsuccessfully sought asylum and subsidiary protection in Ireland, following which deportation orders were made against them in 2011. They unsuccessfully sought leave from the High Court to challenge the orders and appealed its decision, following which they evaded deportation, with the … Read More
Chigaru and Others v Minister for Justice and Others.
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform, Ireland and the Attorney General |
| Citation/s: | [2015] IECA 167 |
| Nature of Proceedings: | Appeal |
| Judgment Date/s: | 27 Jul 2015 |
| Judge: | Kelly, Irvine and Hogan JJ. |
| Category: | Deportation |
| Keywords: | Child, Deportation, Deportation Order, Family Life (Right to), Minor |
| Country of Origin: | Malawi |
| URL: | https://www.courts.ie/acc/alfresco/078d46e5-2d49-4cf1-9ca0-09f4535fb87e/2015_IECA_167_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | Where a family of non Irish-nationals, comprising parents and children of tender years, who are subject to deportation orders have evaded deportation, the parents’ conduct cannot be considered in isolation from their children, who are blameless in respect of their parents’ conduct. The balance of convenience may not favour enjoining the parents’ deportation but it will favour enjoining their children’s deportation. Under Articles 41, 42 and 42A of the Constitution, the children are entitled to the company and care of their parents and, assuming the parents are properly caring for their children, it is likely that it will be necessary to enjoin their deportation too. |