Indefinite deportation from the state might interfere with constitutional right of family life.

May 18, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Constitutional law, Family law, Human rights, Judicial review

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 More

Infant daughter of refugee not entitled to Irish citizenship.

May 11, 2012 By Mark Tottenham BL in Feeney J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

B K v. Minister for Justice [2011] IEHC 526
(High Court, Feeney J, 21 December 2011)

High Court refuses judicial review of decision to refuse passport and citizenship to infant daughter of refugee.

Judicial review – refusal of citizenship to four-year-old child – daughter of refugee – Part II of the Irish Nationality and Citizenship Act, 1956 – Irish Nationality and Citizenship Act 2004 – requirement that parent reside in Ireland for a period of not More

Proposed deportee fails to have order revoked.

May 11, 2012 By Mark Tottenham BL in Cooke J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

Smith v. Minister for Justice [2012] IEHC 113
(High Court, Cooke J, 5 March 2012)

High Court refuses leave to seek judicial review of refusal by Minister to revoke deportation order.

Judicial review – application for leave made ex parte – refusal to revoke deportation order – s. 3(11) of the Immigration Act 1999 – parent of Irish citizen – applicant failed to demonstrate that child was dependent upon him – whether Minister More

Failure to serve proposal to deport.

May 11, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

M M (Georgia) v. Minister for Justice [2011] IEHC 529
(High Court, Hogan J, 19 September 2011)

High Court grants leave to seek judicial review of deportation order on grounds that proposal to deport not properly served on applicant.

Judicial review – application for leave – deportation order – whether applicant properly served with proposal to deport – s. 3(3), Immigration Act 1999 – applicant serving custodial sentence at time of notice – letter not delivered personally to More

Court quashes refusal to permit parents of Irish citizen to reside in state.

May 10, 2012 By Mark Tottenham BL in Cooke J, Ireland High Court No Comments Tags: Asylum and immigration, Constitutional law, Judicial review

O’Leary v. Minister for Justice [2012] IEHC 80
(High Court, Cooke J, 24 February 2012)

High Court grants certiorari of refusal by Minister to extend permission to parents of Irish citizen to reside in state.

Judicial review – refusal to extend permission to reside in state – parents of Irish citizen – South African nationals – reliant on children for financial support – s. 4, Immigration Act 2004 – whether Irish citizen entitled to look after parents as More

Refusals of family reunification applications quashed.

May 10, 2012 By Mark Tottenham BL in Cross J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

A M S v. Minister for Justice [2012] IEHC 72
(High Court, Cross J, 14 February 2012)

High Court grants certiorari of decisions to refuse family reunification applications in respect of two applicants, and remits each application for further consideration.

Judicial review – family reunification – two cases on similar issues – refusal of reunification with mother and siblings of applicant from Somalia – refusal of reunification with father of applicant from Afghanistan – Section 18(I) of the More

Fear of persecution on grounds of homosexuality.

May 10, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

S A v. Minister for Justice [2012] IEHC 78
(High Court, Hogan J, 24 January 2012)

High Court grants leave to seek judicial review of refusal of refugee status, where tribunal failed adequately to consider likely persecution on grounds of homosexuality.

Judicial review – application for leave – refusal of refugee status – fear of persecution on grounds of homosexuality – Islamic fundamentalist groups attacking wedding musicians in Algeria – prior deportation to Algeria from Spain – travel to Ireland via More

Injunction restraining deportation.

May 9, 2012 By Mark Tottenham BL in Cross J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

A D S v. Minister for Justice [2012] IEHC 73
(High Court, Cross J,14 February 2012)

High Court grants injunction restraining deportation pending the outcome of an application for revocation of the deportation order.

Judicial review – deportation order – application for revocation – s 3(11), Immigration Act 1999 – fear of persecution in Ghana – requirement to consider issues of refoulement – whether material to be considered truly different from those More

No certificate of appeal to Supreme Court in asylum judicial review.

May 9, 2012 By Mark Tottenham BL in Cooke J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

N D v. Minister for Justice (No 2) [2012] IEHC 86
(High Court, Cooke J, 28 February 2012)

High Court refuses certificate for leave to appeal to Supreme Court in respect of refusal of judicial review of refusal of subsidiary protection and of deportation order.

Judicial review – application for certificate for leave to appeal to Supreme Court – decision to refuse judicial review of refusal of subsidiary protection and of deportation order – Regulation 4(5), European Communities (Eligibility for More

No judicial review of refusal of subsidiary protection.

May 9, 2012 By Mark Tottenham BL in Cooke J, Ireland High Court No Comments Tags: Asylum and immigration, Judicial review

V N v. Minister for Justice [2012] IEHC 62
(High Court, Cooke J, 16 February 2012)

High Court refuses judicial review of decision to refuse subsidiary protection.

Judicial review – refusal of subsidiary protection – deportation order – European Communities (Eligibility for Protection) Regulations 2006 – whether applicant had right of appeal against refusal – rejection of same grounds in prior decisions of More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

Asylum and immigration