Decision not to revoke deportation order made against a Nigerian national was reasonable and clearly analysed

Judicial review – Nigerian national challenging the decision of the Minister for Justice not to revoke the deportation order made against him – seeking a declaration that he is entitled to a reasonable period of notice of any precise arrangements to be made for his deportation and to be informed of such precise arrangements in advance thereof – refused asylum – applied for leave to remain – suffers from Sickle Cell Anaemia – argued that it was in his best interest to remain in this country where his sickle cell disease could be managed appropriately with the most up to date management strategies for disease - Minister issued a notice of intention to deport - Minister of the view that deportation would not constitute a breach of Articles 3 or 8 of the European Convention on Human Rights - recommended that a deportation order be made – procedural history of the Nigerian national’s dealings with Garda National Immigration Bureau and his applications to revoke the deportation order - Nigerian national failed to present at the offices of the Garda National Immigration Bureau as required on a number of occasions - classed as an evader and liable to arrest – letter sent to the effect that the applicant was under his care recently for a “laparoscopic cholecystectomy” in relation to his sickle cell anaemia – application to revoke the deportation order - Minister determined that medical treatment would be available if returned to Nigeria and found there was nothing in the information submitted that would warrant the revocation of the Deportation Order - psychiatric report – obtained High Court injunction which restrained the Minister from deporting the applicant until the expiry of 14 days after the decision on the application - apparent from the psychiatric report that the threat of deportation (and/or any actual deportation) might expose him to a risk of death through suicide - indicated that it was wholly inappropriate to operate a regime where a proposed deportee is required to “sign on” at intervals never knowing whether upon one of these “sign ons” he would be brought to the airport and deported - executive officer recommended that the application for revocation should be refused - principal officer of recorded her agreement with that recommendation - decision was communicated to the Nigerian national and his solicitors by letters of the 23rd April 2013 - he was required to present himself to the Member in Charge, Garda National Immigration Bureau on Thursday 25th April 2013 in order to make arrangements for his removal from the State - two days in which to present himself at the Garda National Immigration Bureau and was more than a year from the date of the Deportation Order - argued that he was entitled to have his application considered upon the basis that was relied on – argued that the failure to revoke the Deportation Order would amount to a breach by Ireland of its obligations under Article 40.3 of the Constitution to defend and vindicate the personal rights of the citizen - personal rights of the citizen - obligation on the Minister was to consider new matters of fact which were brought to the attention of the Minister since the previous decision not to revoke the Deportation Order was made - no obligation on the Minister to enter legal debate as to the relevant concerns of Article 40.3.2 or any other issues cited – he submitted that he was entitled to a constitutional right of access to the courts to seek to vindicate his rights - under the present situation if he is arrested he may be prevented from consulting solicitors prior to being brought to the airport for deportation in an attempt to exercise a right of access to the courts - suggested that the appropriate amount of time was 72 hours to include one of the 24 hours being a working day - the history of this case would show that no sudden decision was taken to deport - persons against whom a Deportation Order has been made are usually required to attend at the Garda National Immigration Bureau at a time they are required to attend for the purpose of making arrangements for their removal - no suggestion that he is not entitled to right of access to the court to seek to vindicate his rights - no evidence at the moment that the enforcement of Deportation Orders is taking place at any time soon after a Deportation Order is made.