Facts: The appellant, MK, was a national of Albania and arrived in Ireland in 2016 as an unaccompanied minor. He lived with a foster family and was enrolled in school in Dublin. He applied for international protection in 2017 with the assistance of Tusla, and in 2018, he was granted permission to enter the labour market. He left school and … Read More
M.K. (Albania) v Minister for Justice and Equality
M.K. (Albania) v Minister for Justice and Equality
| Respondent/Defendant: | Minister for Justice, Ireland and the Attorney General |
| Court/s: | Supreme Court |
| Citation/s: | [2022] IESC 48 |
| Nature of Proceedings: | Judicial review |
| Judgment Date/s: | 24 Nov 2022 |
| Judge: | MacMenamin, J., Baker, M., Hogan, G., O’Donnell, D., O’Malley, I. |
| Category: | Deportation |
| Keywords: | Asylum Applicant, Charter of Fundamental Rights of the European Union, Child, Deportation Order, European Convention on Human Rights (ECHR), Minor (Unaccompanied) |
| Country of Origin: | Albania |
| URL: | www.courts.ie/acc/alfresco/b7644178-2667-49b6-9267-a026008e7947/2022_IESC_48_(Mac%20Menamin%20J).pdf/pdf#view=fitH |
| Principles: | Exceptional circumstances do not need to be established for Article 8(1) ECHR rights to be engaged. A low threshold applies to engaging Article 8(1) rights. Once engaged, the decision-maker must then conduct a proportionality assessment under Article 8(2) ECHR as to whether the interference with a person’s Article 8 rights was proportionate to the legitimate aim being pursued. |