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Application for pre-emptive relief against potential deportation refused as no removal process initiated
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The High Court refused the applicant’s request for an order compelling the Minister for Justice to consider his case under the approach in a leading EU judgment on the rights of family members of EU citizens facing removal from Ireland. The court found that the Minister had made no decision to seek the applicant’s removal from the State and therefore there was no action or proposal by the Minister which the court could review or require to be taken. The application was deemed premature and amounted to an attempt to force a decision from the Minister before any removal process had even started. The court held that granting such relief would breach the separation of powers and that the applicant will have sufficient remedies if any deportation or removal process is actually commenced in future.
judicial review – mandamus – Chenchooliah judgment – third-country national – family member of EU citizen – deportation – removal from State – Minister for Justice – procedural prematurity – Separation of Powers – Immigration Act 1999 – European Union law – temporary residence permission – relief refused – alternative remedy
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