Bakare v Minister for Justice

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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

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

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.

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