Facts: In STE v Minister for Justice and Equality the High Court considered whether the Minister for Justice, when considering whether to deport a group of family members, is entitled to make a deportation order against one family member while granting leave to remain to others, resulting in the separation of the family. The first named applicant arrived in the … Read More
STE v Minister for Justice and Equality
| Respondent/Defendant: | Minister for Justice and Equality |
| Court/s: | High Court |
| Citation/s: | [2016] IEHC 379 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 24 Jun 2016 |
| Judge: | Humphreys R. |
| Category: | Deportation |
| Keywords: | Deportation, Deportation Order, Family Life (Right to), Immigration |
| Country of Origin: | Cameroon/Morocco |
| URL: | https://www.courts.ie/acc/alfresco/e0aff845-0ff7-4e3d-8dd1-511b88a4f82c/2016_IEHC_379_1.pdf/pdf#view=fitH |
| Geographic Focus: | Other |
| Principles: | The decision of the High Court in STE (No.1) establishes that the Minister must consider the collective rights of a family when deciding whether to deport one of the members of the family, when all members of the family have an equally precarious immigration status, unless there are compelling reasons to the contrary. It is unlawful to select between two equally precarious parties to a relationship and decide that one can stay and the other must leave, without compelling justification, in circumstances where this would actively break up the family by State action. |