H & anor v Minister for Justice and Equality

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H & anor v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality, Ireland
Court/s:High Court, Supreme Court
Citation/s:[2020] IEHC 360, [2021] IESC 0032
Nature of Proceedings:Appeal
Judgment Date/s:11 May 2021
Judge:Charleton P.
Category:Deportation
Keywords:Deportation Order, European Convention on Human Rights (ECHR), Family Member, Free Movement, Illegal Stay, Minor, Union Citizen
Country of Origin:Pakistan
URL:https://www.courts.ie/view/judgments/890a1003-8ef2-425c-935a-40d96c3b1c33/c6bf103b-a935-4894-b4d8-b9b773ba936f/2021_IESC_32.pdf/pdf

Facts: MIH and her daughter, SIH, are Pakistani nationals. They arrived in Ireland in 2014 with MIH’s brother, a British citizen and applied for EU1 Residence Cards. These applications were refused. At that time, the Minister issued notifications proposing to deport the applicants pursuant to section 3 of the Immigration Act 1999, as amended. However, it was not until 18 … Read More

Principles:Delay in issuing a deportation order, in and of itself, cannot create rights to remain in the State where otherwise non-nationals have no entitlement to residence.
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