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Supreme Court dismisses appeal from Court of Appeal, and affirms judicial review of a refusal by the Minister for Justice of a right to remain in respect of two persons from Mauritius, who had arrived in Ireland on foot of an educational scheme and remained in the State lawfully for over eleven years, on the grounds that: (a) the Minister was obliged to consider the privacy and family rights of the respondents when deciding on a right to remain, rather than wait until the consideration of deportation; and (b) the Minister had a duty of fairness towards the respondents in circumstances where the decision to refuse a right to remain had arisen from a change in government policy towards persons who were resident in the State on foot of the relevant educational scheme.
MacMenamin J (nem diss): Judicial review - asylum and immigration - whether Minister had erred in failing to consider privacy and family rights in deciding whether to renew right to remain in the state - appeal by Minister against decisions of High Court (Barr J and Humphreys J) - citizens of Mauritius - persons lawfully within the state pursuant to an 'administrative educational scheme' - respondents present in state for over 11 years - position rendered unlawful by change in government policy - precarious nature of position within state - duties of Minister towards respondents - change of conditions of educational scheme.
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