Gorry v Minister for Justice

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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

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

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.
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