PO and Another v Minister for Justice and Equality and Others

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Respondent/Defendant:Minister for Justice and Equality, Ireland and Attorney General
Court/s:Supreme Court
Citation/s:[2015] IESC 64
Nature of Proceedings:Appeal
Judgment Date/s:16 Jul 2015
Judge:MacMenamin, Laffoy and Charleton JJ.
Category:Deportation
Keywords:Child, Country of Origin Information, Deportation, Deportation Order, Minor
Country of Origin:Nigeria
URL:https://www.courts.ie/search/judgments/%22%20type%3AJudgment%22%20AND%20%22filter%3Aalfresco_radio.title%22%20AND%20%22filter%3Aalfresco_NeutralCitation.%5B2015%5D%20IESC%2064%22
Geographic Focus:Ireland

Facts: The appellants were a mother and her nine year old son. Both of them were Nigerian nationals, although the son had been born in Ireland. They both applied unsuccessfully for refugee status, after which proposals to make deportation orders issued to them. They did not make representations for leave to remain and the Minister for Justice decided to make … Read More

Principles:

The Minister for Justice is entitled to source country of origin information when assessing a request to revoke a deportation order and does not necessarily have to bring it to the applicant’s attention, e.g. where it is in the public domain.

The Minister does not need to prepare guidelines for dealing with revocation requests from non-nationals born in Ireland. Each case should be assessed on its own merits.

Non Irish nationals who create uncertainty as to their status within a Contracting State, by claiming asylum rights that are unfounded, cannot rely on mere presence to invoke rights under article 8 ECHR. When considering the interaction of the two paragraphs of article 8 ECHR, a wide margin of appreciation is afforded to decision-makers in deciding whether or not to deport non Irish-nationals. The rights of children are, save for extraordinary circumstances, dependent upon the approach of the parent who made claims on those children’s behalf.

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