SA and NA v Minister for Justice and Equality (No. 2)

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 226
Nature of Proceedings:Judicial Review
Judgment Date/s:14 Apr 2015
Category:Deportation
Keywords:Deportation, Deportation Order
URL:https://www.courts.ie/acc/alfresco/68b43286-5edf-4f62-bb2e-7e20bcc20b5f/2015_IEHC_226_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first applicant, a national of Nigeria, was a failed asylum seeker and the subject of a deportation order. His wife was an Irish citizen. She had four children from previous relationships, none of whom had been fathered by the first applicant. He applied to revoke the deportation order and it was affirmed by the Minister for Justice. The … Read More

Principles:

It is not necessary for the Minister for Justice, when considering family circumstances in the context of deportation, specifically to refer in her analysis to provisions of the Constitution or the ECHR.

It is not incumbent upon the Minister to commence an assessment of a request for revocation of a deportation which is based upon a recent marriage by noting expressly a prima facie right on the part of the married couple to reside together.

A court may refuse to quash a deportation order in respect of a person married to an Irish national based on their conduct in respect of their marriage, such as where the subject of the order had proposed to marry his spouse without being honest with him or her about his or her status in the State, or where the spouse had given insufficient regard to the non Irish-national’s status when contemplating marriage to him or her.

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