A.C -v- The Minister for Justice & Ors [2013] IEHC 105 (07 March 2013)

A.C -v- The Minister for Justice & Ors [2013] IEHC 105 (07 March 2013)

The applicant failed to establish any substantial ground for judicial review as the Minister and officials considered all relevant medical and humanitarian information, the deportation order was lawfully made and personally approved by the Minister, and the constitutionality and ECHR compatibility of the relevant statutory provisions have been upheld by the High Court.

Citation
[2013] IEHC 105
Parties
Applicant: A. C.; Respondents: The Minister for Justice and Law Reform, Attorney General and Ireland
Jurisdiction
Ireland
Judgment Date
07 March 2013
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review
Outcome
Leave to apply for judicial review refused
Legal Topics
Deportation, Leave to Remain, Subsidiary Protection, Non Refoulement, Disability and Deportation, Constitutionality of Immigration Act, Compatibility With European Convention on Human Rights
Immigration Law Constitutional Law Human Rights Law Deportation Leave to Remain Subsidiary Protection Non Refoulement Disability and Deportation +2 more

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Parties

A. C.

Applicant

The Minister for Justice and Law Reform, Attorney General and Ireland

Respondents

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review

Legal Issues

  1. 1 Whether the Minister failed to properly consider the applicant's medical condition and personal circumstances in making the deportation order
  2. 2 Whether section 3 of the Immigration Act 1999 is unconstitutional or incompatible with the European Convention on Human Rights
  3. 3 Whether the Minister personally considered the issue of non-refoulement as required by law

Ratio Decidendi

The applicant failed to establish any substantial ground for judicial review as the Minister and officials considered all relevant medical and humanitarian information, the deportation order was lawfully made and personally approved by the Minister, and the constitutionality and ECHR compatibility of the relevant statutory provisions have been upheld by the High Court.

Court Disposition

Leave to apply for judicial review refused