By: Mark Tottenham BL, on May 7th, 2012

A O v. Minister for Justice (No 3) [2012] IEHC 104 (High Court, Hogan J, 3 April 2012)

High Court: a) adjourns challenge to subsidiary protection decision pending outcome of ECJ hearing; b) grants leave to amend pleadings to assert rights of Irish citizen child; and c) grants injunction restraining deportation pending application to revoke deportation order.

Judicial review - application for leave - application for injunction restraining deportation during minority of infant child - admission to state on stolen passport - refusal of asylum - stay on deportation pending outcome of guardianship application - subsidiary protection - Article 39 of the Procedures Directive - judicial review as an adequate remedy.
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Key Cases Cited

Case C- 34/08 [2011] E.C.R. 1-000
The State (O'Rourke) v. Kelly [1983] I.R. 58
A v. Minister for Justice and Equality [2011] IEHC 381
Efe v. Minister for Justice, Equality and Law Reform [2011] I EHC 214
Case C- 34/08 Ruiz-Zambrano [2011] E.C.R. I-000
Article 4(1 ) of the Qualification Directive, Directive 2004/83/EC
Damache v. Director of Public Prosecutions [2012] IESC 11
Donegan v. Dublin City Council [2012] IESC
White v. Dublin City Council [2004] IESC 35, [2004] 1 I.R. 545
Minister for Justice and Equality v. D.L. [2011] IEHC 248
Laurentiu v. Minister for Justice [1999] 4 I.R. 26
Case C-277/11 MM
Blehein v. Minister for Health and Children [2008] IESC 40, [2009] 1 I.R. 275