M & ors -v- Minister for Justice and Equality & ors [2018] IESC 14 (07 March 2018)

M & ors -v- Minister for Justice and Equality & ors [2018] IESC 14 (07 March 2018)

The Minister for Justice is required to consider, in a deportation revocation application, the likely future rights of a child who will be born, including those rights the child will acquire on birth as an Irish citizen. However, the unborn does not have constitutional rights beyond the right to life under Article 40.3.3 prior to birth, and Article 42A does not extend to the unborn. The High Court erred in holding otherwise.

Citation
[2018] IESC 14
Parties
Applicant/respondent: I. R. M.; Applicant/respondent: S. J. R.; Applicant/respondent: S. O. M. (A minor suing by her Mother and Next Friend S. J. R.); Respondent/appellant: The Minister for Justice and Equality; Respondent/appellant: Ireland; Respondent/appellant: The Attorney General
Jurisdiction
Ireland
Judgment Date
07 March 2018
Procedural Posture
Appeal (leapfrog From High Court) / Supreme Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Deportation, Rights of the Unborn, Constitutional Interpretation, Revocation of Deportation Orders, Irish Citizenship, Non Marital Family Rights
Constitutional Law Immigration Law Family Law Deportation Rights of the Unborn Constitutional Interpretation Revocation of Deportation Orders Irish Citizenship +1 more

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 21 Party arguments 2
Sign in to unlock

Parties

I. R. M.

Applicant/respondent

S. J. R.

Applicant/respondent

S. O. M. (A minor suing by her Mother and Next Friend S. J. R.)

Applicant/respondent

The Minister for Justice and Equality

Respondent/appellant

Ireland

Respondent/appellant

The Attorney General

Respondent/appellant

Procedural Posture

Appeal (leapfrog From High Court) / Supreme Court Judgment on Appeal

Legal Issues

  1. 1 Whether the Minister for Justice is required to consider the position of an unborn child in a deportation revocation application under s.3(11) of the Immigration Act 1999.
  2. 2 Whether the constitutional rights of an unborn child, or the rights the child will acquire on birth, must be considered by the Minister.
  3. 3 Whether the unborn enjoy constitutional and other rights independent of the right to life under Article 40.3.3.

Ratio Decidendi

The Minister for Justice is required to consider, in a deportation revocation application, the likely future rights of a child who will be born, including those rights the child will acquire on birth as an Irish citizen. However, the unborn does not have constitutional rights beyond the right to life under Article 40.3.3 prior to birth, and Article 42A does not extend to the unborn. The High Court erred in holding otherwise.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the Minister must consider the likely future rights of a child to be born in deportation revocation applications, but not broader constitutional rights of the unborn prior to birth.
  • No further relief granted.