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
H & anor v Minister for Justice and Equality
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 |
| 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. |