Facts: The appellants were all members of a Brazilian family who arrived in Ireland at various dates between 2002 and 2007. The father had arrived in Ireland lawfully on a work permit in 2002. It expired in 2003. Nevertheless he remained in the State, continued initially to work and paid all appropriate taxes without the relevant immigration permission. His unlawful … Read More
Dos Santos and Others v Minister for Justice and Others
| Respondent/Defendant: | Minister for Justice and Equality, Attorney General and Ireland |
| Citation/s: | [2015] IECA 210 |
| Nature of Proceedings: | Appeal |
| Judgment Date/s: | 30 Jul 2015 |
| Judge: | Ryan P., Finlay Geoghegan and Peart JJ. |
| Category: | Deportation |
| Keywords: | Child, Deportation, Deportation Order, Migrant (Illegally resident / staying), Minor |
| Country of Origin: | Brazil |
| URL: | https://www.courts.ie/acc/alfresco/98a68780-969f-4cb6-846a-1f3b248d555d/2015_IECA_210_2.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | Non citizens of the State do not have a personal right within the meaning of Article 40.3 of the Constitution to remain in the State and/or participate in community life in the State. The UN Convention on the Rights of the Child is not part of Irish domestic law. Section 3(6)(a) of the Immigration Act 1999, which obliged the Minister for Justice to take account of an applicant’s age when deciding whether or not to make a deportation order against him or her, did not require him, when dealing with a minor applicant, to treat as a primary consideration the best interests of that child or, alternatively, to decide expressly whether deportation would be consistent with its best interests. The EU’s Charter of Fundamental Rights has no applicability to the making of deportation orders. The interference caused by deportation of non-settled migrants with the right to respect for their private life under article 8 ECHR does not have consequences of such gravity potentially to engage the article’s operation. |