OO (a minor) and Others v Minister for Justice and Equality

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Esmé v Minister for Justice
Respondent/Defendant:Minister for Justice and Equality
Court/s:Supreme Court
Citation/s:[2015] IESC 26
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Mar 2015
Judge:Clarke, Laffoy and Charleton JJ.
Category:Deportation
Keywords:Deportation, Deportation Order, European Convention on Human Rights (ECHR), Minor
Country of Origin:Nigeria
URL:http://www.courts.ie/Judgments.nsf/0/3069252C985E1A7780257E0D005DDCF9
Geographic Focus:Ireland

Facts:The appellants comprised a Nigerian lady named Esmé, her daughter, and her daughter’s three children, two of whom were minors and Irish citizens. Esmé’s daughter had arrived in the State from Nigeria and had given birth to two children, who were Irish citizens by operation of law. She was estranged from her husband and Esmé came from Nigeria to help … Read More

Principles:

Non Irish-nationals seeking leave to remain or revocation of deportation orders should make the entire case available to them based on the facts which they claim entitle them to a remedy and cannot achieve a different result by repeating the same facts or arguments, whether in different ways or not, to separate decision makers.It is not for the Minister for Justice to engage in correspondence with them or their representatives and seek information which they ought properly to put before her.

Grandmothers are not entitled to protection under Article 41 of the Constitution. It is not open to non Irish-nationals to arrive in the State on a false basis and then to arrange their affairs so as to frustrate the operation of the immigration system.

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