Smith & Ors -v- The Minister for Justice and Equality & Ors [2012] IEHC 113 (05 March 2012)

Smith & Ors -v- The Minister for Justice and Equality & Ors [2012] IEHC 113 (05 March 2012)

The Court held that the Zambrano principle did not apply because the deportation of Mr. Smith would not require the Irish citizen child to leave the EU, as the child's mother could remain in the State. There was no new fact or material change of circumstance to justify a second application for revocation. The Article 8 ECHR rights had already been fully considered in the original deportation decision, and no further analysis was required. The application was also refused on discretionary grounds due to the applicant's repeated abuse of immigration laws.

Citation
[2012] IEHC 113
Parties
Applicants: Charles Smith and Alimat Smith (minors suing by their father and next friend Omololu Smith), Sikirat Smith, Rufai Smith, Ajoke Moriamo Smith and Omololu Smith; Respondents: The Minister for Justice and Equality, Attorney General and Ireland
Jurisdiction
Ireland
Judgment Date
05 March 2012
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused
Legal Topics
Deportation, Revocation of Deportation Order, EU Citizenship Rights, Family Life Under ECHR, Dependency Under Zambrano Principle
Immigration Law European Union Law Human Rights Law Deportation Revocation of Deportation Order EU Citizenship Rights Family Life Under ECHR Dependency Under Zambrano Principle

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Charles Smith and Alimat Smith (minors suing by their father and next friend Omololu Smith), Sikirat Smith, Rufai Smith, Ajoke Moriamo Smith and Omololu Smith

Applicants

The Minister for Justice and Equality, Attorney General and Ireland

Respondents

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Minister erred in refusing to revoke a deportation order in light of the Zambrano judgment and subsequent developments
  2. 2 Whether the Irish citizen child is dependent on the applicant such that deportation would deprive the child of genuine enjoyment of EU rights
  3. 3 Whether Article 8 ECHR rights to family life were properly considered in the Minister's decision

Ratio Decidendi

The Court held that the Zambrano principle did not apply because the deportation of Mr. Smith would not require the Irish citizen child to leave the EU, as the child's mother could remain in the State. There was no new fact or material change of circumstance to justify a second application for revocation. The Article 8 ECHR rights had already been fully considered in the original deportation decision, and no further analysis was required. The application was also refused on discretionary grounds due to the applicant's repeated abuse of immigration laws.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Application for leave to apply for judicial review is refused