High Court refuses judicial review of Minister for Justice’s decision to order the deportation of a Nigerian father to three Irish-born children on the grounds that the Minister properly considered the facts submitted and correctly carried out a balancing of rights and an examination of the proportionality of the decision in accordance with the principles laid down in case law.
Judicial review – Nigerian national applied for asylum in this State – claimed that his wife was deceased and that he was the father to three children – was arrested two weeks after his application in Northern Ireland in possession of false identity documents – ORAC refused his application – he brought an appeal – before his appeal was heard he began a relationship with another Nigerian asylum seeker – they had three children together – the parents withdrew their asylum applications and applied and were granted permission to reside in the State on the basis of their Irish born children – father was arrested in Northern Ireland for a series of alleged driving and fraud offences – father was sentenced for six months imprisonment suspended for a period of three years - applicant banned from driving for three years – father released from custody and re-entered the State – father’s file was under investigation by the Minister – Minister refused the father a renewal of his permission to remain in the State – father’s 45 convictions recorded in Northern Ireland were chronicled, as well as a further conviction in this jurisdiction for non-display of an NCT certificate - father had committed a substantial and significant number of offences outside the jurisdiction over a two-year period while he possessed legal residency in the State - he was also outside the State for a period of four months while awaiting trial – deportation order made against the father – father challenging the Minister’s decision to make a deportation order on the grounds that the failed to consider the full facts surrounding the fourth named applicant’s convictions and failed to properly consider the family circumstances of the applicants – stare decisis – constitutional and Convention rights of the children – proportionality.