OO v Minister for Justice, Equality and Law Reform and the Attorney General

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Respondent/Defendant:Minister for Justice, Equality and Law Reform and the Attorney General
Court/s:High Court
Citation/s:[2015] IEHC 11
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Jan 2015
Judge:Faherty J.
Category:Deportation
Keywords:Deportation, Protection (Subsidiary)
Country of Origin:Nigeria
URL:http://www.courts.ie/Judgments.nsf/0/029063635A97608280257DD5004FC43A
Geographic Focus:Ireland

Facts:The first applicant was a Nigerian national. She arrived in Ireland and unsuccessfully claimed asylum, including her son, the second applicant, in her claim. They then applied unsuccessfully for subsidiary protection and leave to remain, following which deportation orders were made against them. After arriving in Ireland, she gave birth to a daughter, the third applicant. Applications for asylum and … Read More

Principles:

Where an applicant for subsidiary protection has been wrongly informed that he or she has been granted such protection, as to prompt additional representations from their in support of an application for leave to remain, if those representations have been received after the making of a deportation order by the Minister for Justice, but before its notification, then the Minister, in the interests of fairness, ought to revoke the deportation order  under s. 3(11) of the Immigration Act 1999, and reconsider whether or not it should be made in the light of all the representations received at that juncture.

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