Ford & Anor -v- Minister for Justice and Equality [2017] IECA 281 (27 October 2017)

Ford & Anor -v- Minister for Justice and Equality [2017] IECA 281 (27 October 2017)

The Minister's decision was not in accordance with law because it incorrectly applied the same principles to Article 41 of the Constitution and Article 8 ECHR.

Citation
[2017] IECA 281
Parties
Applicant/respondent: Alison Ford; Applicant/respondent: David Nwoke; Respondent/appellant: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
27 October 2017
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed as moot; High Court order quashing Minister's decision upheld; remittal for reconsideration vacated.
Legal Topics
Visa Refusal, Family Rights, Article 41 Constitution, Article 8 ECHR
Immigration Law Constitutional Law Visa Refusal Family Rights Article 41 Constitution Article 8 ECHR

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Parties

Alison Ford

Applicant/respondent

David Nwoke

Applicant/respondent

Minister for Justice and Equality

Respondent/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Minister's decision to refuse a visa was lawful
  2. 2 Whether Article 41 Constitution and Article 8 ECHR require the same principles in visa decisions

Ratio Decidendi

The Minister's decision was not in accordance with law because it incorrectly applied the same principles to Article 41 of the Constitution and Article 8 ECHR.

Court Disposition

Appeal dismissed as moot; High Court order quashing Minister's decision upheld; remittal for reconsideration vacated.

Orders

  • Order of the High Court quashing the Minister's decision upheld
  • Order remitting the application for reconsideration vacated