High Court: (1) grants judicial review of the decision to order the deportation of a Nigerian mother and her first child, but not her second, on the grounds that the Minister for Justice should have revoked the deportation orders made against the mother and first child in the interests of fairness, having erroneously sent a letter to the mother informing her that she and her first child were eligible for subsidiary protection; and (2) having found that the Minister was not prejudiced by the paucity of the Nigerian family’s pleading in relation to the alleged deficiencies in the Minister's assessment of their family rights, the Court adjourned proceedings to allow the Minister to submit submissions responding to the substantive arguments raised by the Nigerian family in relation to their family rights.
Judicial review – telescoped hearing – Nigerian mother and two children challenging the decision of the Minister for Justice to issue a deportation order against them – mother applied for asylum on her own behalf and on behalf of her first child – when her second child was born, she made a separate application for asylum on behalf of that child – they were refused international protection – Minister initially sent letter stating that the mother and first child were entitled to subsidiary protection, but this was later revoked - deportation order in respect of the second child issued after proceedings had issued in relation to the mother and first child – whether the court had jurisdiction to hear the challenge to the deportation order of the second child – whether, due to the first, erroneous letter, the Minister was obliged to consider their representations afresh – legislative framework governing deportation – whether the Minister erred in law in finding that their Article 8 rights were not engaged – argued that the assessment of their right to private life under Article 8 was irrational and that there was no consideration of the proportionality of the decisions to make deportation orders in respect of them - failure to plead Article 8 of the ECHR in the statement of grounds - whether the statement of grounds as presently formulated encompasses a challenge to the deportation orders on Article 8 grounds – whether the Minister was prejudiced by the paucity of the pleadings – adjourned to allow submissions responding to substantive consideration of the Article 8 ground.