Minister’s decision to deport minor was not irrational or unreasonable

Judicial review – asylum and immigration – telescoped hearing – mother applied for asylum whilst 8 months pregnant – declined to make asylum application for her child – father entered the state illegally – fathered child with German national and was granted permission to remain – minor’s mother sought clarification of minor’s status – whether the minor was entitled to remain on foot of the permission afforded to her father – Minister for Justice did not confirm such permission - mother’s position in the State remained to be determined - proposal to deport the infant – on the grounds that has remained in the State without the permission of the Minister for Justice – deportation conducive to common good – argued that she had a right to remain on foot of father’s permission - position of the infant was intrinsically linked to the mother – no immediate intention to deport - argued that by issuing a proposal to deport this imputes that the child made a decision to remain without permission and comprises a derogatory opinion of the child and given the age of the child is irrational - where the Minister proposes to make a deportation order he or she shall notify the person concerned in writing of such proposal and the reasons for it – s.3 of the Immigration Act, 1999 - factors the Minister must consider when determining whether to deport someone - “the common good” - father’s permission did not extend to the minor - the phrase does not involve any derogatory meaning of an applicant within the context of s. 3(6) (j) neither does it involve a derogatory meaning of the applicant within the context of s. 3(2) (i) - in the proposal to deport the minor under s. 3(2) (i) of the 1999 Act, the Minister was identifying to the minor that she was a person in respect of whom a deportation order could be made – it is in the interests of the common good of the State that it has the power to control the entry residency and exit of foreign nationals which power is an aspect of the executive power to protect the integrity of the State - the fact that the Minister held an opinion that the minor residing in the State without permission might in the Minister’s view be deported in the interests of the common good, is neither irrational nor unreasonable -  person who is served with a proposal to deport is entitled to leave the State before the Minister makes a decision on the deportation order and this exit from the State would not therefore be on foot of a deportation order and accordingly would remain voluntarily - no prejudice has been occasioned to the minor by the issue of the proposal to deport.