Gorry & anor v Minister for Justice and Equality and A B M v Minister for Justice and Equality (Unapproved) (Rev 1) [2020] IESC 55 (23 September 2020)

Gorry & anor v Minister for Justice and Equality and A B M v Minister for Justice and Equality (Unapproved) (Rev 1) [2020] IESC 55 (23 September 2020)

The Minister's approach in treating constitutional analysis as identical or subsidiary to the ECHR analysis was flawed. While the Constitution protects marriage and family, it does not confer a right on an Irish citizen to have a non-national spouse reside with them in Ireland. The Minister must separately and properly consider constitutional family rights in immigration decisions, but the starting point remains that non-citizens do not have a right to reside in Ireland by virtue of marriage to a citizen. The appeals are dismissed because the Minister failed to correctly address the constitutional rights involved.

Citation
[2020] IESC 55
Parties
Applicants (h.c.)/respondents: I. Gorry and Joseph Gorry; Respondent (h.c.)/appellant: The Minister for Justice and Equality; Applicants (h.c.)/respondents: A. B. M. and B. A.
Jurisdiction
Ireland
Judgment Date
23 September 2020
Procedural Posture
Supreme Court Appeal / Judgment
Outcome
Appeals dismissed
Legal Topics
Deportation, Revocation of Deportation Orders, Constitutional Protection of Family, Marriage Rights, Ministerial Discretion, Right to Cohabit, Citizenship Rights
Constitutional Law Immigration Law Family Law Deportation Revocation of Deportation Orders Constitutional Protection of Family Marriage Rights Ministerial Discretion +2 more

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Parties

I. Gorry and Joseph Gorry

Applicants (h.c.)/respondents

The Minister for Justice and Equality

Respondent (h.c.)/appellant

A. B. M. and B. A.

Applicants (h.c.)/respondents

Procedural Posture

Supreme Court Appeal / Judgment

Legal Issues

  1. 1 What is the constitutional weight to be given to marriage and family rights in immigration decisions involving deportation or revocation of deportation orders against non-national spouses of Irish citizens?
  2. 2 Does the Irish Constitution confer a right on an Irish citizen to reside in Ireland with a non-national spouse?
  3. 3 What is the correct approach for the Minister in balancing constitutional family rights against the State's interest in immigration control?

Ratio Decidendi

The Minister's approach in treating constitutional analysis as identical or subsidiary to the ECHR analysis was flawed. While the Constitution protects marriage and family, it does not confer a right on an Irish citizen to have a non-national spouse reside with them in Ireland. The Minister must separately and properly consider constitutional family rights in immigration decisions, but the starting point remains that non-citizens do not have a right to reside in Ireland by virtue of marriage to a citizen. The appeals are dismissed because the Minister failed to correctly address the constitutional rights involved.

Court Disposition

Appeals dismissed

Orders

  • Minister's decisions quashed for failure to properly consider constitutional rights
  • Minister must reconsider the applications with proper regard to constitutional family rights