Facts: The first named applicant was a Nigerian woman who was refused asylum in Ireland and in respect of whom a deportation order was made in June 2005. She lived in Ireland without permission for four years. In 2006, she met the second named applicant who was an Irish citizen. After a number of years they decided to marry. The … Read More
Gorry v Minister for Justice
Gorry v Minister for Justice
| Respondent/Defendant: | Minister for Justice |
| Court/s: | Supreme Court |
| Citation/s: | [2020] IESC 55 |
| Nature of Proceedings: | Judicial review/appeal |
| Judgment Date/s: | 23 Sep 2020 |
| Judge: | O’Donnell D |
| Category: | Deportation |
| Keywords: | Expulsion, Expulsion Decision, Family (Nuclear), Family Life (Right to), Immigration, Migration (Family) |
| Country of Origin: | Nigeria |
| URL: | https://www.courts.ie/acc/alfresco/ab9b764b-8af3-42dd-b6e4-49d07a43876b/2020_IESC_55_1%20(Unapproved).pdf/pdf#view=fitH |
| Principles: | There is no prima facie constitutionally protected right to cohabit in the State for marital couples, one of whom is a non-Irish national. However, the test under Article 8 of the ECHR should not be applied in the consideration of issues arising under the Constitution, because while the Constitution and the ECHR together provide extensive overlapping protection for families and marriage, it is necessary to recognise the different contexts. |