Potential life-long effect of deportation order a disproportionate interference with Georgian national’s family rights

Judicial review – leave application – challenging the decision of the Minister for Justice refusing to revoke the deportation order made against a Georgian national – argued that a deportation order is unconstitutional as it amounts to a lifelong ban - disproportionate interference with the his right to family life - seek a declaration of incompatibility - made two applications for asylum using different aliases – refused asylum – deportation order made – no appearance – classed as an evader – returned to the State from Iceland – presented himself regularly to the authorities under two aliases – met and formed a romantic relationship with another Georgian national – had two children – married – applied to have deportation order revoked – application refused – travelled through Northern Ireland to buy a car – arrested and detained – returned to the State – refused permission to land – detained in Cloverhill prison – detention deemed lawful – habeas corpus application in the name of his alias - the obstacle which stood in the way of giving effect to the 2001 deportation order, namely the absence of appropriate evidence as to identity, now resolved – refused an injunction restraining his deportation – deported – wife given leave to remain - complicit in the deception practised by her husband - power to deport non-nationals - indefinite duration of deportation order - deportation order can be revoked - Minister does not enjoy a power to stipulate a shorter period of duration in any given case, even if he wanted to – in effect, a life-long exclusion from the State - other European countries have adopted a variety of different approaches to the question of the duration of a deportation order – wife cannot be expected to return to Georgia in light of her suffering there - protection of marriage and the family - the integrity of the asylum system is a vital State interest - whether the existence of a sanction which is potentially life long in duration is demonstrably so essential in circumstances where the applicants here have real and substantial ties (including an established family life) with this State - power to revoke the deportation order – statutory interpretation - European Court of Human Rights appears to regard deportation orders which are of unlimited duration as prima facie raising serious and profound Article 8 ECHR issues - necessary proportionality analysis - impossible to avoid the conclusion that a potentially life long deportation order raises very significant Article 8 ECHR issues - three-prong test of proportionality.