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High Court refuses judicial review of the decision to issue a deportation order following a conviction for a drugs offence, on the grounds that the Minister for Justice lawfully considered the family rights arising and considered the best interests of the child, and did not rely on the fact of the conviction alone as a ground for deportation.
Asylum and immigration – judicial review – challenge to deportation order - arrived in the State without any right to remain – went to the UK – convicted of fraud – deported to Ireland – convicted of a drugs offence and sentenced to 10 years imprisonment – deportation order made - grounds upon which relief is sought - legal issues - Gorrv v. Minister for Justice – family rights – alleged the Minister applied the incorrect test when considering rights of his wife to have her husband in the state - whether any error as presents is of such consequence as to yield the conclusion that the court, in the application of its discretion, should not allow an impugned decision to stand - question of proportionality – argued that the Minister could not rely on prevention of disorder and crime as the primary basis for a deportation decision – delay - court does not accept the proposition that because a decision is taken to grant enhanced remission under the Prison Rules, this yields a negation of the risks associated with the beneficiary of such decision as a lawfully convicted person - had no settled legal right to be here - Minister states himself to have considered all the information before him and thus has considered all the available evidence in respect of the best interests of the child – judicial review refused -
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