Facts: In Bakare v Minister for Justice the Court of Appeal considered the applicability of the Zambrano case in situations where it is proposed to deport only one parent of an Irish citizen child. The applicant was a Nigerian citizen who arrived in the State in February 2002 when he applied for asylum on grounds of his ethnicity and his … Read More
Bakare v Minister for Justice
| Respondent/Defendant: | Minister for Justice |
| Citation/s: | [2016] IECA 292 |
| Nature of Proceedings: | Appeal/Judicial Review |
| Judgment Date/s: | 19 Oct 2016 |
| Judge: | Hogan G. |
| Category: | Deportation |
| Keywords: | Child, Deportation, Family Life (Right to), Third-Country National, Union Citizen |
| Country of Origin: | Nigeria |
| URL: | https://www.courts.ie/acc/alfresco/be94c6e9-50fc-42ee-902d-0c3d2a1b9fe1/2016_IECA_292_1.pdf/pdf#view=fitH |
| Geographic Focus: | Other |
| Principles: | The decision of the Court of Appeal in Bakare confirmed that Zambrano is only applicable in cases where the denial of residency or similar rights to one or both third country nationals who are the parents of EU citizen children is likely to bring about a situation where those children are in practice compelled to leave the territory of the Union. The rule in Zambrano does not apply to decisions to deport one parent of an Irish citizen child where the other parent is residing in Ireland and there is no appreciable risk that the deportation of one parent will force the child to leave. |