Deportation Flashcards
(25 cards)
What is the Minister’s power under Section 3 of the Immigration Act 1999?
“require any non-national specified in the (deportation) order to leave the state within such period as may be specified in the order”
and Remain outside the State thereafter.
The deportation power is a manifestation of what?
PL & B v Minister for Justice (2001)
The Supreme Court held that the Minister’s deportation power under Section 3 is a statutory manifestation of the State’s inherent sovereign power to control immigration.
“Minister may if he thinks fit… make an order requiring an alien to leave and to remain thereafter out of Saorstat Eireann”
Who can be subject to a deportation order under the Immigration Act 1999?
Deportation orders can be issued for:
Individuals refused leave to land.
Those who breach conditions of their stay.
Prisoners or individuals recommended for deportation by a court.
Those whose deportation is deemed conducive to the common good.
How are EU citizens and Unsuccessful Asylum Seekers removed from the State?
EU citizens are removed under:
The EU Citizens Directive.
The European Communities (Free Movement of Persons) Regulations 2015
Asylum Seeker: S51 of 2015 International Protection Act
What is the deportation process under the Immigration Act 1999?
Deportation Proposal: Notification of liability to deport.
Right to Make Representations: The individual may appeal within 15 days.
Voluntary Return: Option to leave voluntarily.
Deportation Order: Issued if representations fail.
Judicial Review: Right to challenge the order.
Removal or Revocation: Final stage of enforcement.
What case relates to the deportation process?
⚖️ The Irish Supreme Court held it was unconstitutional for the same person in the Department of Justice to both propose and approve a revocation order.
🔄 It violated fair procedures under Article 40.3 of the Constitution (right to fair process).
📌 Now, deportation decisions should be made with a clear separation of roles—the person recommending cannot also decide.
Deportation proposal must include what type of facts?
RB v Minister for Justice, Equality and Law Reform [2001]
The High Court ruled that a deportation proposal must include reasons in fact and law. Evidence of consideration of rights is required.
Failure to do so invalidates subsequent steps, including the deportation order.
What must occur with voluntary return?
AGAO v Minister for Justice (2007)
Voluntary Return: “intended deportee has in fact left country voluntarily” and that it was not just intended
What rights does a deportee have under Section 3(4)(b) (Voluntary Return) ?
rather than being subject to deportation,
May: Leave voluntarily within 15 days.
Make representations to the Minister, citing humanitarian or legal grounds.
S44 Courts and Civil Law (Miscellaneous Position) Act 2023 removes this right for dangers to state security (in ministers opinion) or those with over 5 years in prison.
Voluntary Return Representations?
within 15 days of deportation proposal, detailing why they should be permitted to remain.
Lofinmakin (A minor) v Minister for Justice (2011) “incumbent upon the person to place before the minister any relevant evidence, information or facts” contending there is “unlawful encroachment on any fundamental rights”
What factors must the Minister consider under Section 3(6) of the Immigration Act 1999?
The Minister must weigh:
Personal circumstances (age, family life, employment).
Character and conduct.
Humanitarian concerns.
Representations made by the deportee.
The common good, national security, and public policy.
How does Article 8 ECHR and Articles 40 and 41 affect deportation decisions?
Family and Private Life rights
The Minister must consider whether deportation interferes with the deportee’s right to family and private life.
If engaged, the Minister must assess whether the interference is justified and proportionate. ( Art 8 only)
Marriage to an Irish cITIZEN?
Gorry v Minister for Justice (2020)
The Supreme Court held that:
Marriage to an Irish citizen does not automatically bar deportation.
may be “legitimate concerns” “which are not trumped” by marriage
The Minister must balance the right to family life with legitimate immigration considerations.
How important are the rights of an Irish Born child?
AZ v Minister for Justice (2024)
irish Child has right to reside in state but not absolute.
Parent was likely to be deported,
The best interests of the child are a “primary consideration” in deportation decisions, but not “paramount consideration” e.g if parent threatens public interest or is violent
What should be considered when deporting parent of an irish born child??
Oguekwe v Minister for Justice, Equality and Law Reform(2008) Denham J provided a non-exhaustive list of 16 factors to consider when deporting the non-national parent of an Irish child including:
* The nature and history of the family unit;
* The Constitutional rights of the child
* The Convention rights of the child and the applicant(s)
“should be a substantial reason given”
What is the significance of Zambrano (C-34/09) (2011)?
Columbian parents with Belgian children,
The CJEU held that under Article 20 TFEU, Member States cannot refuse residence to non-national parents of EU citizen children if it would deprive the children of their EU citizenship rights.
Settled vs Unsettled Non-National Child Deportation
A “settled child” requires very serious grounds although in
Dos Santos v Minister for Justice and Equality [2015] IECA 210
* Deportation of children upheld, even though the children had started
their secondary and primary education in the State, and were reported to have “made Ireland their home”
“unsettled” does not interfere with ART 8 rights
How does the Minister assess employment prospects in deportation cases?
SK v Minister for Justice (2011): The Minister may consider the economic climate and the rights of legal workers. In this case non-national had job offer but was still deported
Talukder v Minister for Justice (2021): Employment prospects must be assessed independently of the deportee’s lack of permission to work.
How does Character and Conduct apply in Deportation Decisions?
The Minister may consider a non-national’s criminal history or behavior when deciding on deportation.
Deportation should be proportionate to the seriousness of the crime.
SO v Minister for Justice (2010): 3 Irish Born Children, but applicant’s deportation was upheld due to repeated criminal offences, showing a flagrant disregard for Irish law.
The Minister balances public safety with the deportee’s rights under Article 8 ECHR.
Are Humanitarian Concerns considered in Deportation Decisions?
The Minister must consider humanitarian factors, such as medical issues and the availability of treatment in the destination country.
RO v Minister for Justice (2012): The applicant’s HIV diagnosis was fully considered, but deportation was upheld despite inferior medical treatment in Nigeria.
While humanitarian concerns are relevant, the State may still prioritize immigration policy over individual hardships.
What is ‘leave to remain’ under section 4 of the Immigration Act 2004 in Ireland?
✅ It is a discretionary permission granted by the Minister to let a non-citizen legally remain in the State.
🛑 It is usually granted when the Minister decides not to issue a deportation order under section 3 of the Immigration Act 1999.
📌 Leave may be temporary or renewable, and can lead to more secure status over time.
(2018) 14 year old granted leave to remain in Tullamore
What is necessary when there is a Decision to Deport?
must be communicated to the
deportee, with reasons, and where
“necessary and possible,” in a
language they understand
KRA v Minister for Justice and Equality [2017] IECA 284:
Issue: A Nigerian national, Ms. KRA, and her child faced deportation after failing asylum and subsidiary protection claims.
Key Ruling: The Court of Appeal upheld the deportation, stating that while the child’s education rights were important, they did not override immigration control. The Minister balanced personal rights with the State’s interest in enforcing deportation
“There are always some arguments why a person should be permitted
to stay and the Minister has to balance those against the national
interest”
What did Okunade v Minister for Justice (2012) establish about judicial review?
JR is possible under S5 of the Illegal Immigrants (Trafficking) Act 2000
The Supreme Court outlined factors for injunctive relief against deportation, including:
Whether the applicant has an arguable case.
The risk of injustice to both the applicant and the public.
The practical consequences of deportation pending review.
What is the law surrounding Revoking a Deportation Order?
s 3(11) allows an applicant to submit new material that may have been
outside the scope of a judicial review application
* This may be relevant where there has been a significant change of
circumstances since the original deportation order was issued
IRM v Minister for Justice and Equality (No. 2) [2016] “The s. 3(11) application can be made right up to the deportation, when
the applicant is in custody.”
“provided a vehicle for an applicant who is liable to deportation to effect a further long delay”
