Gorry, Ford and ABM v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:Court of Appeal
Citation/s:[2017] IECA 280, 281 and 282
Nature of Proceedings:Judicial Review / Appeal
Judgment Date/s:27 Oct 2017
Judge:Finlay Geoghegan M.
Category:Residence
Keywords:Deportation Order, Family Life (Right to), Family Unity (Right to), Immigration, Non-EU National, Residence, Third-Country National, Union Citizen
Country of Origin:Nigeria/Ireland
URL:https://www.courts.ie/acc/alfresco/8c53548e-e3f1-46bd-9973-8b3f13d31f52/2017_IECA_280_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: In each of these cases, one of the applicants was an Irish citizen and was married to the other applicant who is a foreign national. The marriages in question either took place in Ireland or Nigeria, and all three were recognised by the Minister as lawful marriages. Each application for judicial review sought an order of certiorari of an … Read More

Principles:

The Minister did not consider the constitutional rights of the applicants in accordance with law, in particular

  1. the guarantee given by the State in Art.41.1.2° to protect the family in its constitution and authority;
  2. a recognition that the applicants in each case were a family, a fundamental unit group of society possessing inalienable and imprescriptible rights which rights included a right to cohabit which was also an individual right of the citizen spouse which the State must, as far as practicable, defend and vindicate (Art.41.1 and Art.40.3.1°);
  3. a recognition that the decision that the family should live in Ireland was a decision which they had the right to take and which the State had guaranteed in Art.41.1 to protect; and
  4. a recognition of the right of the Irish citizen to live at all times in Ireland as part of what Art.2 refers to as the “birth right . . . to be part of the Irish Nation” and the absence of any right of the State (absent international obligations which do not apply) to limit that right.

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