IRM v Minister for Justice and Equality (No.2)

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2016] IEHC 478
Nature of Proceedings:Judicial Review
Judgment Date/s:29 Jul 2016
Judge:Humphreys R.
Category:Deportation
Keywords:Deportation, Deportation Order, Family Life (Right to), Immigration
Country of Origin:Nigeria/Ireland
URL:https://www.courts.ie/acc/alfresco/14935597-d3bd-4551-9101-067d8a435de0/2016_IEHC_478_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: In IRM (No.2) the High Court considered the obligation on the Minister to consider the rights of an unborn child when deciding whether to revoke a deportation order in respect of the father of the child. The applicant was a Nigerian citizen who was refused asylum; a deportation order was subsequently issued but he remained unlawfully in the State. … Read More

Principles:

The decision in IRM establishes that the prospective legal rights and (where raised in submissions) interests that a child will acquire on birth are matters that the Minister must consider when an application is made under s.3(11) by reference to an unborn child.

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