Immigration law

Ejerenwa v. Governor of Cloverhill – HC – Lawfulness of detention, re-arrest following release

Oct 12, 2011 By Mark Tottenham BL in Hogan J No Comments Tags: Habeas corpus (Article 40), Immigration law

Ejerenwa v. Governor of Cloverhill [2011] IEHC 351 (5 September 2011)

High Court (Hogan J) finds that applicant was in lawful detention following re-arrest after release in previous Article 40 application, and refuses to order his release. (Full text.)

Lawfulness of detention – Article 40 – habeus corpus – re-arrest of applicant following decision by Supreme Court directing his release pursuant to Article 40 – fresh warrant for arrest – delay of over two hours in releasing applicant following Supreme Court’s decision – whether delay was unlawful – consequences of continued unlawful detention – whether re-arrest unlawful – whether concluded intention to remove applicant from the state – likelihood that applicant could be removed within the period of his detention – time necessary to prepare travel documentation.

The State (Trimbole) v. Governor of Mountjoy Prison [1985] I.R. 550
Olmstead v. United States 277 U.S. 438, 469 (1928)
Oladpo v. Governor of Cloverhill Prison [2009] IESC 42
Walsh v. O Buachalla [1991] 1 I.R. 56

Oguntol v. Governor of Cloverhill – HC – Lawfulness of detention, deportee in custody

Oct 12, 2011 By Mark Tottenham BL in Peart J No Comments Tags: Asylum and immigration, Habeas corpus (Article 40), Immigration law

Oguntol v. Governor of Cloverhill [2011] IEHC 347 (4 August 2011)

High Court (Peart J) holds that detention of applicant was lawful following the return to Ireland of the aeroplane deporting him, and refuses application for his release. (Full text.)

Lawfulness of detention – Article 40 – habeus corpus – arrest of applicant following failure to present himself for deportation – Immigration Act, 1999 (Deportation) Regulations, 2005 (S.I. 55 of 2005) – return of aeroplane to Irish airport – s 5(2) of the Immigration Act, 1999 – whether applicant intended to avoid removal from the state following return – whether reasonable cause to believe that applicant intended to avoid removal.

Okoroafor v. Governor of Cloverhill Prison and others, unreported, High Court, 30th September 2003

Ezenwaka v. Minister for Justice – HC – Judicial review, refusal of admission to state, legitimate expectation

Sep 22, 2011 By Mark Tottenham BL in Hogan J No Comments Tags: Immigration law, Judicial review

Ezenwaka v. Minister for Justice [2011] IEHC 328 (21 July 2011)

High Court (Hogan J) grants judicial review of decision to refuse applicants admission to state, and remits matter to Minister for re-consideration. (Full text.)

Judicial review – refusal of admission to state – visa granted to applicants in error – permission to land not amounting to right to enter state – fixed policy considerations – whether legitimate expectation of admission to state amounted from awarding of visa.

VI v. Minister for Justice, Equality and Law Reform[2007] 4 I.R. 42
Dillon v. Minister for Posts and Telegraphs, Supreme Court, 3rd June, 1981
Case C-482/01 Orfanopoulous [2004] ECR 1-5257
R. (Farrakhan) v. Home Secretary [2002] Q.B. 1391
McCarron v. Kearney [2010] IESC 28
Fakih v. Minister for Justice [1993] 2 I.R. 406
Keogh v. Criminal Assets Bureau, High Court, 20th December, 2002
Curran v. Minister for Education [2009] IEHC 378, [2009] 4 I.R. 300
Rowland v. Environmental Agency [2004] 3 W.L.R. 249

Mallak v. Minister for Justice – HC – Judicial review, refusal of certificate of naturalization, failure to give reasons

Sep 12, 2011 By Mark Tottenham BL in Cooke J No Comments Tags: Immigration law, Judicial review

Mallak v. Minister for Justice [2011] IEHC 306 (22 July 2011)

High Court (Cooke J) refuses judicial review of decision by Minister for Justice to refuse certificate of naturalization. (Full text.)

Judicial review – refusal of certificate of naturalisation – discretion of Minister – failure to give reasons for decision – whether Minister required to give reasons.

Nationality Decrees in Tunis and Morocco case (P.C.I.J., Series B, No. 4, 1923, p. 24)
Nottebohm (Liechtenstein v. Guatemala) case (I.C.J. Reports, 1955, p. 4)
Pok Sun Shum v. Ireland [1986] I.L.R.M. 593
Silver v. United Kingdom (1983) 13 E.H.R.R. 582
Ministre de l’agriculture v. Dame Lamotte (Conseil d’Etat, 17th February, 1950)
Case 60/81 IBM v. Commission [1981] E.C.R. 2639
Case C-242/00 Germany v. Commission [2002] E.C.R. 1-5603, paras. 39/46
C-135/08 Rottmann v. Freistaat Bayern [2010] E.C.R. I-0000

Sulaimon v. MJELR – HC, certificate of nationality, lawful residence in state

Jul 22, 2011 By Mark Tottenham BL in Ryan J No Comments Tags: Asylum and immigration, Immigration law, Judicial review

Sulaimon v. MJELR [2010] IEHC 507 (9 July 2010)

High Court (Ryan J) determines, by way of judicial review, that applicant is entitled to a certificate of nationality on the grounds of his father’s lawful residence in the state for the relevant period. (Full text.)

Judicial review – refusal of certificate of nationality for minor born in Ireland – whether parent had sufficient period of lawful residence – whether Minister correct in excluding from calculation of reckonable residence the period between the decision to permit parent to remain in state and his registration – correspondence on behalf of Minister concerning requirement to register – whether Minister’s consent to remain predicated on registration with Garda National Immigration Bureau.

Ezeani v. MJELR – Judicial review, refusal of citizenship

Jul 13, 2011 By Mark Tottenham BL in Fennelly J No Comments Tags: Immigration law, Judicial review

Ezeani v. MJELR [2011] IESC 23 (12 July 2011)

Supreme Court (Fennelly J, nem diss) allows appeal from decision of High Court (Hanna J) granting judicial review of refusal of declaration of citizenship, and dismisses application for judicial review. (Full text.)

Judicial review – “post-nuptial citizenship” – refusal by Minister of declaration of citizenship where couple not living together as man and wife for three years – s 8, Irish Nationality and Citizenship Act, 1956 – whether sufficient evidence that couple not living together – fair procedures – requirement to give reasonable notice to person affected of matters adverse to his interest – whether notice given to applicants.

Kelly v Ireland [1996] 3 I.R. 537
Akram v Minister for Justice (High Court unreported 21st December 1999, per Finnegan J)
Akram v Minister for Justice, Equality and Law reform [2004] 1 I.R. 452
In Re Haughey [1971] 1 I.R. 217
Pok Sun Shun v Ireland [1986] I.L.R.M. 599
Flanagan v University College Dublin [1988] I.R. 724

O’Leary v. MJELR – Judicial review, refusal of permission to reside

Jul 13, 2011 By Mark Tottenham BL in Hogan J No Comments Tags: Asylum and immigration, Immigration law, Judicial review

O’Leary v. MJELR [2011] IEHC 256 (30 June 2011)

High Court (Hogan J) grants leave to seek judicial review of decision to refuse permission to reside in state, where applicants were financially dependent on Irish citizen child. (Full text.)

Judicial review – application for leave – refusal of permission to reside in state – relationship between parents and adult child – daughter married to Irish citizen and adopted citizenship – inability of parents to support themselves in South Africa – dependency – Article 41 of the constitution – public policy considerations – vulnerability in country of origin – whether applicants had “attempted to circumvent and manipulate the immigration system to their own ends” – Directive 2004/38/EC.

M v. Minister for Justice, Equality and Law Reform [2009] IEHC 500
Rogers v. Smith, Supreme Court, 16th July, 1970
RX v. Minister for Justice, Equality and Law Reform [2010] IEHC 452, [2011] 1 I.L.R.M. 444
GO (a minor) v. Minister for Justice [2008] IEHC 190, [2010] 2 I.R. 19
North Western Health Board v. HW [2001] IESC 90, [2001] 3 I.R. 635
Oguekwe v. Minister for Justice, Equality and Law Reform [2008] IESC 25, [2008] 3 I.R. 795
S. v. Minister for Justice, Equality and Law Reform [2011] IEHC 92
Meadows v. Minister for Justice, Equality and Law Reform [2010] IESC 3, [2010] 2 I.R
ISOF v. Minister for Justice, Equality and Law Reform (No.2) [2010] IEHC 457
McD v. L. [2009] IESC 81, [2010] 2 IR 199
Case C-43/90Shirley McCarthy (2011)

Saleem v. MJELR – Immigration, long-term residency application

Jul 8, 2011 By Mark Tottenham BL in Cooke J No Comments Tags: Asylum and immigration, Immigration law, Judicial review

Saleem v. MJELR [2011] IEHC 223 (2 June 2011)

High Court (Cooke J) refuses judicial review of refusal by Minister of application for long-term residency. (Full text.)

Judicial review – refusal of application for long-term residency – expired work permit – ss. 4 and 5, Immigration Act 2004 – legitimate expectation – unlawful fettering of discretion of Minister – expiration of permission to remain during delays in processing residency application – parent of EU national children – application to introduce new ground to application – incorrect information in affidavit – applicant unable to read or write English – absence of certificate that applicant understood affidavit – admissibility of affidavits.

Saleem v Minister for Justice, Equality and Law Reform, Unreported High Court, Cooke J., 4 February 2011 [2011] IEHC 55
Case C34/09 Ruiz Zambrano. [Unreported, 8th March, 2011] Case 106-77,Simmenthal Spa: [1978] ECR 629
Pigs and Bacon Commission v. McCarren and Co. [1981] I.R. 451
M. v. RAT [Unreported, High Court, 16th July, 2009] Re. Sarazin’s Letters Patent [1947] 64 R.P.C. 51

Raducan -v- MJELR – Article 40, detention of spouse of EU citizen

Jun 28, 2011 By Mark Tottenham BL in Hogan J No Comments Tags: Asylum and immigration, Habeas corpus (Article 40), Immigration law

Raducan -v- MJELR [2011] IEHC 224 (3 June 2011)

High Court (Hogan J) grants declaration that applicant spouse of EU citizen was unlawfully detained at Dublin airport, and grants damages of €7,500 for breaches of her constitutional rights. (Full text.)

Article 40 – legality of detention – detention of applicant for failing to produce visa – s. 5(2)(a) of the Immigration Act 2003 – whether applicant produced marriage certificate on arrival in state – family residence card – elimination of impossible – procedures adopted by immigration authorities – right of spouses of EU nationals to enter state – Article 5(2) and Article 5(4) of the 2004 Directive.

Conan Doyle, The Sign of Four (1890)(Penguin Books, 1982)(at 51)
Case C-459/99 MRAX v. État belge[2002] ECR I – 6591

Fotooh v. MJELR – Judicial review, refusal of naturalisation

Jun 23, 2011 By Mark Tottenham BL in Irvine J No Comments Tags: Immigration law, Judicial review

Fotooh v. MJELR [2011] IEHC 166 (14 April 2011)

High Court (Irvine J) refuses judicial review of refusal of application for naturalisation. (Full text.)

Judicial review – refusal of naturalisation – request for reasons – absolute discretion of Minister – Irish Nationality and Citizenship Act 1956 – requirement of fundamental fairness – delay – failure to move promptly – failure to provide good reason to explain or justify delay.

East Donegal Cooperative v. Attorney General [1970] I.R. 317
Ex parte Spath Holme Ltd, [2001] 2 AC 349
Pok Sun Shum v. Ireland [1986] ILRM 593
In L.G.H. v. Minister for Justice, Equality and Law Reform [2009] IEHC 78
Mishra v. The Minister for Justice, [1996] 1 I.R. 189
Jiad v. MJELR (Unreported, High Court, 19th May 2010)
Abuissa v. MJELR [2010] IEHC 366
R. v. Secretary of State for the Home Department, Ex parte, Fayed [1998] 1 WLR 763
O’Neill v. Ireland [2004] 1 I.R. 298
Murray v. Ireland [1991] ILRM 465
Kinahan v. Minister for Justice [2001] 4 I.R. 458
Breathnach v. Minister for Justice, [2004] 3 I.R. 336
O’Flynn v. Midwestern Health Board [1991] 2 I.R. 223
Bane v. Garda Representative Association [1997] 2 I.R. 449
De Róiste v. Minister for Defence [2001] 2 ILRM 241
Weldon v. Minister for Health and Children and Lourdes Hospital Redress Board [2010] IEHC 444
Regina v. Criminal Injuries Compensation Board [1999] 2 AC 330

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