STE v Minister for Justice and Equality

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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

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

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.

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