Proposed deportee had failed to provide any real evidence of a meaningful relationship with children

By: Mark Tottenham BL

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

Supreme Court dismisses appeal from High Court, and affirms refusal of judicial review of a 2016 order to deport the applicant, a Nigerian national who had resided in the State since 2007 and was the father of three children born in the State, on the grounds that the applicant had failed to adduce any substantial evidence on affidavit that he had a real and meaningful relationship with any of the children such as to give rise to 'even the possibility' that the deportation would be an impermissible interference with either: (a) his family and private life; or (b) his children's rights to his care and companionship.

O'Donnell CJ (nem diss): Judicial review - 2016 deportation order - three minor children - grant of temporary leave to remain after appeal listed - appeal technically moot - point of general public importance - unlawful arrival in State in 2007 - marriage ceremony but not in accordance with Irish law - three children of marriage - couple separated by time of separation order - whether children had constitutional right to care, company and companionship of their parents - the non-citizen and constitutional rights - a meaningful relationship - false address on birth certificate - lack of evidence of relationship between applicant and children - correspondence from Irish Naturalisation and Immigration Services - clear requirement for detail.

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.

197 Irish barristers have subscriptions to Decisis. Have you tried it yet? Click here to request a subscription.

Register Now

Leave a Comment

Your email address will not be published.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