Oviawe & Ors -v- Minister for Justice, Equality & Law Reform & Ors [2007] IESC 66 (20 December 2007)

Oviawe & Ors -v- Minister for Justice, Equality & Law Reform & Ors [2007] IESC 66 (20 December 2007)

The Minister was entitled to refuse the application under the IBC 05 Scheme on the basis of the applicant's criminal conviction, as the scheme required applicants not to have been involved in criminal activity. The scheme did not require consideration of constitutional or Convention rights at this stage. The High Court erred in quashing the Minister's decision on the basis of failure to consider such rights.

Citation
[2007] IESC 66
Parties
Applicants/respondents: Mercy Oviawe, Marrian Oviawe, Emmanueal Oviawe (suing through his mother and next friend Mercy Oviawe), Michael Oviawe (suing through his mother and next friend Mercy Oviawe), Lucky Oviawe (suing through his mother and next friend Mercy Oviawe), Peace Oviawe (suing through her mother and next friend Mercy Oviawe), Faith Oviawe (suing through her mother and next friend Mercy Oviawe), Unity Oviawe (suing through his mother and next friend Mercy Oviawe); Respondent/appellant: Minister for Justice, Equality and Law Reform; Notice Party: Human Rights Commission
Jurisdiction
Ireland
Judgment Date
20 December 2007
Procedural Posture
Judicial Review / Supreme Court Appeal From High Court Order of Certiorari
Outcome
Appeal allowed; High Court order set aside
Legal Topics
Ministerial Discretion, Irish Born Child (ibc 05) Scheme, Good Character Requirement, Constitutional Rights of Citizen Children, Article 40.3 of the Constitution, Article 8 ECHR, Judicial Review Scope
Immigration Law Constitutional Law Administrative Law Human Rights Law Ministerial Discretion Irish Born Child (ibc 05) Scheme Good Character Requirement Constitutional Rights of Citizen Children +3 more

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Parties

Mercy Oviawe, Marrian Oviawe, Emmanueal Oviawe (suing through his mother and next friend Mercy Oviawe), Michael Oviawe (suing through his mother and next friend Mercy Oviawe), Lucky Oviawe (suing through his mother and next friend Mercy Oviawe), Peace Oviawe (suing through her mother and next friend Mercy Oviawe), Faith Oviawe (suing through her mother and next friend Mercy Oviawe), Unity Oviawe (suing through his mother and next friend Mercy Oviawe)

Applicants/respondents

Minister for Justice, Equality and Law Reform

Respondent/appellant

Human Rights Commission

Notice Party

Procedural Posture

Judicial Review / Supreme Court Appeal From High Court Order of Certiorari

Legal Issues

  1. 1 Whether the Minister was required to consider the constitutional and Convention rights of Irish citizen children in refusing an IBC 05 Scheme application due to the applicant's criminal conviction
  2. 2 Whether the High Court erred in quashing the Minister's decision for failure to consider such rights

Ratio Decidendi

The Minister was entitled to refuse the application under the IBC 05 Scheme on the basis of the applicant's criminal conviction, as the scheme required applicants not to have been involved in criminal activity. The scheme did not require consideration of constitutional or Convention rights at this stage. The High Court erred in quashing the Minister's decision on the basis of failure to consider such rights.

Court Disposition

Appeal allowed; High Court order set aside

Orders

  • Decision of the Minister refusing the IBC 05 application reinstated
  • High Court order of certiorari quashing the Minister's decision reversed