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High Court, in a case concerning the validity of deportation orders made against a Nigerian family consisting of a mother and three children: (1) grants judicial review of the decision to issue a deportation order against the youngest child, who was born in the State but is not an Irish citizen, on the grounds that it was insufficient to consider his case in conjunction with his mother and that the Minister for Justice failed to adequately consider the situation of this child; and (2) refuses judicial review of the decision to issue the Nigerian mother and her two children born in Nigeria with deportation orders, on the grounds that the Minister adequately assessed their cases.
Judicial review – Nigerian family challenging the deportation orders made against them – argued that the Minister failed and omitted to make the best interests of the infant members of the family a primary consideration in the decision whether to make deportation orders – argued that the Minister failed to consider the family’s constitutional rights – refused asylum and subsidiary protection – Minister argued that she considered the welfare of the minor applicants and concluded that it was best served by them remaining with the first named applicant - relevant provisions governing the deportation process - examination of file - Country of Origin Information – right to private and family life - five questions which are likely to be addressed when considering Article 8.
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.
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