H & anor v The Minister for Justice & Equality (Approved) [2021] IESC 32 (11 May 2021)

H & anor v The Minister for Justice & Equality (Approved) [2021] IESC 32 (11 May 2021)

Delay in issuing a deportation order does not, in itself, create any legal right to remain in the State for unauthorized migrants. Any rights that may arise must be grounded in legislation or result from significant changes in circumstances during the period of delay, not from the delay alone. The proper remedy for unreasonable delay is to compel a decision, not to confer legal status. The High Court's order quashing the deportation order stands on other grounds, not on the delay issue.

Citation
[2021] IESC 32
Parties
Respondent/applicant: MIH; Respondent/applicant: SIH, a Minor suing by her Mother and next Friend, MIH; Appellant/respondent: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
11 May 2021
Procedural Posture
Supreme Court Appeal / Appeal From High Court Decision Quashing Deportation Order
Outcome
Appeal dismissed on the delay issue; High Court order quashing deportation order stands on other grounds.
Legal Topics
Deportation, Delay in Administrative Decision Making, Family Rights, EU Free Movement, Judicial Review, Procedural Fairness
Immigration Law Constitutional Law Human Rights Law European Union Law Deportation Delay in Administrative Decision Making Family Rights EU Free Movement +2 more

Case Brief

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Parties

MIH

Respondent/applicant

SIH, a Minor suing by her Mother and next Friend, MIH

Respondent/applicant

Minister for Justice and Equality

Appellant/respondent

Procedural Posture

Supreme Court Appeal / Appeal From High Court Decision Quashing Deportation Order

Legal Issues

  1. 1 Whether delay in issuing a deportation order creates rights to remain in the State for otherwise unauthorized foreign nationals
  2. 2 Whether such delay breaches constitutional or ECHR rights
  3. 3 Whether the Charter of Fundamental Rights of the European Union applies to the making of deportation orders in this context

Ratio Decidendi

Delay in issuing a deportation order does not, in itself, create any legal right to remain in the State for unauthorized migrants. Any rights that may arise must be grounded in legislation or result from significant changes in circumstances during the period of delay, not from the delay alone. The proper remedy for unreasonable delay is to compel a decision, not to confer legal status. The High Court's order quashing the deportation order stands on other grounds, not on the delay issue.

Court Disposition

Appeal dismissed on the delay issue; High Court order quashing deportation order stands on other grounds.

Orders

  • Deportation order against MH and SH remains quashed; no fresh deportation order pending Minister's consideration of new residency application.