New information submitted was insufficient to revoke deportation order

By: James Cross BL

or click here to request site subscription to search and view all judgments

High Court refuses judicial review of the decision refusing to revoke the deportation orders made against a Nigerian mother and her children, who had failed to present as required for 8 years, on the grounds that the Minister for Justice’s decision that the new information submitted was insufficient to revoke the deportation order was lawful.

Judicial review – asylum and immigration – substantive decision - Nigerian mother and her children challenging the decision of the Minister for Justice refusing to revoke the deportation order made against them – refused asylum and subsidiary protection and deportation orders made – classed as evaders – sought to revoke the deportation orders – Minister stated that application would be considered when it had been confirmed that the applicants had presented or had alternatively left the State – not confirmed – refused re-admittance to the asylum process – reported after 8 years – application to revoke the deportation order refused – proceedings issued - judicial review of a s. 3(11) decision is of a limited nature - failure to consider new and changed circumstances - alleged irrationality of the decision that the collective deportation of the applicants will not result in their separation and accordingly raises no issue in respect of family life - failure to consider the new situation whereby the applicants have made a home in the State and accordingly that removal would allegedly interfere with their rights under article 8 of the ECHR - allegation that the finding that the second named applicant will be able to adapt to life in Nigeria is irrational given the alleged suicide risk - allegation that it is contrary to the best interests of the third named applicant to be deported - reliance on the lack of presentation of the applicants for a lengthy period - alleged use of an incorrect test – discretion of the High Court in judicial review proceedings – judicial review refused –

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

or click here to request site subscription to search and view all judgments

Leave a Comment

Your email address will not be published. Required fields are marked *