Sivsivadze v. Minister for Justice [2012] IEHC 137 (High Court, Hogan J, 26 April 2012)
High Court grants leave to seek judicial review of refusal to revoke deportation order, on grounds that a potentially life-long exclusion of a husband and father from the state raised issues as to the right to family life.
Judicial review - application for leave - refusal to revoke deportation order - whether s 3 of Immigration Act 1999 was unconstitutional - imposition of lifelong ban on deportee - Article 41, right to family life - Article 8, ECHR - history of applying for asylum under false names - failure to make submissions following notice of intention to deport - marriage to another Georgian national - children not Irish citizens - one applicant deported in 2011 - application pursued by wife of deportee (first named applicant) - inability of wife to return to Georgia - indefinite nature of deportation order - mitigating effects of s 3(11) of 199 Act - whether any circumstances under which Minister might be obliged to revoke deportation order - potentially life-long deportation order raising significant ECHR issues - proportionality.Quotation from judgment (courtesy of the Courts Service of Ireland):
“A full treatment of the Article 8 ECHR issues - even solely in the context of the duration of deportation orders, immigration law and the family - would require a lengthy monograph. Perhaps the task of preparing such a detailed exposition of the recent case-law - I have merely attempted a quite inadequate survey of recent developments - will fall to the judge hearing the full action. But for all the reasons just advanced, I believe that the applicants have made out substantial grounds insofar as they say that the application of a deportation order of (at least) potentially indefinite duration would infringe Article 8 ECHR, especially, perhaps, having regard to the circumstances of the present case.”Full Text on Court Services Website>
Key Cases Cited
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Meadows v. Minister for Justice, Equality and Law Reform [2010] IESC 3
AO v. Minister for Justice and Equality (No.2) [2012] IEHC 79
Emre v. Switzerland (No.2) (2011)
Toidze (otherwise Arabuli) v. Governor of Cloverhill Prison [2011] IEHC 395
Collooney Pharmacy Ltd. v. North Western Health Board [2005] IESC 44, [2005] 4 I.R. 124
Omoregie v. Norway [2008] ECHR 761
Lobe and Osayande v. Minister for Justice, Equality and Law Reform [2003] 2 I.R. 1
Pok Sun Shum v. Ireland [1986] I.L.R.M. 593
Osheku v. Ireland [1986] I.R. 733
Re Article 26 and the Illegal Immigrants (Trafficking) Bill 1999 [2000] 2 I.R. 260
Radovanovic v. Austria [2004] ECHR 169, (2005) 41 EHRR 6
Heaney v. Ireland [1994] 3 I.R. 593
U. v. Minister for Justice, Equality and Law Reform (No.1) [2010] IEHC 492
S. v. Minister for Justice, Equality and Law Reform [2011] IEHC 92
Pok Sun Shum ([1986] I.L.R.M. 593
Antwi v. Norway [2012] ECHR 259
Emre v. Switzerland (No.1)(2008)
Omoregie v. Norway [2008] IEHC 761
North Western Health Board v. HW [2001] 3 I.R
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