Duman & Ors -v- Minister for Justice, Equality & Law Reform [2007] IESC 64 (20 December 2007)

Duman & Ors -v- Minister for Justice, Equality & Law Reform [2007] IESC 64 (20 December 2007)

The Minister was not required to consider constitutional or convention rights in the operation of the IBC 05 administrative scheme; refusal based on criminal convictions was within the scheme's criteria, and applicants' rights may be considered in subsequent processes.

Citation
[2007] IESC 64
Parties
Applicant/respondent: Gheorghe Dorin Duman; Applicant/respondent: Alina-Vica Gap Samolia; Applicant/respondent: Kevin Duman (an infant suing by his father and next friend, Gheorghe Dorin Duman); Respondent/appellant: The Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
20 December 2007
Procedural Posture
Judicial Review / Appeal From High Court to Supreme Court
Outcome
appeal allowed; High Court order set aside
Legal Topics
Irish Born Child (ibc 05) Scheme, Judicial Review of Administrative Decisions, Consideration of Constitutional and Convention Rights, Criminal Convictions and Immigration Status
Immigration Law Constitutional Law Administrative Law Irish Born Child (ibc 05) Scheme Judicial Review of Administrative Decisions Consideration of Constitutional and Convention Rights Criminal Convictions and Immigration Status

Case Brief

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Parties

Gheorghe Dorin Duman

Applicant/respondent

Alina-Vica Gap Samolia

Applicant/respondent

Kevin Duman (an infant suing by his father and next friend, Gheorghe Dorin Duman)

Applicant/respondent

The Minister for Justice, Equality and Law Reform

Respondent/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether the Minister was required to consider constitutional and European Convention rights in refusing applications under the IBC 05 Scheme due to criminal convictions
  2. 2 Whether the refusal of the applications was unlawful for failure to consider the rights of the Irish citizen child

Ratio Decidendi

The Minister was not required to consider constitutional or convention rights in the operation of the IBC 05 administrative scheme; refusal based on criminal convictions was within the scheme's criteria, and applicants' rights may be considered in subsequent processes.

Court Disposition

appeal allowed; High Court order set aside

Orders

  • High Court order quashing Minister's decision reversed
  • Minister's refusal of applications under IBC 05 Scheme upheld