A.O -v- Minister for Justice, Eqaulity and Law Reform, Ireland and the Attorney General (No.2) [2012] IEHC 79 (17 January 2012)

A.O -v- Minister for Justice, Eqaulity and Law Reform, Ireland and the Attorney General (No.2) [2012] IEHC 79 (17 January 2012)

The stay on deportation is granted solely to protect the constitutional rights and welfare of the applicant's Irish citizen child, pending the outcome of guardianship proceedings, as the child may have a presumptive right to the care and company of both parents. Zambrano principles do not apply as the child is not dependent on the applicant and would not be forced to leave the EU if the applicant is deported.

Citation
[2012] IEHC 79
Parties
Applicant: A. O.; Respondents: Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
17 January 2012
Procedural Posture
Judicial Review / Interlocutory Application for Stay Pending Determination of Guardianship Application
Outcome
Interlocutory stay on deportation granted pending guardianship proceedings
Legal Topics
Deportation, Interlocutory Injunction, Guardianship, Access to Courts, Rights of the Child, Derivative Rights Under EU Law
Immigration Law Constitutional Law Family Law Child Law Deportation Interlocutory Injunction Guardianship Access to Courts +2 more

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Parties

A. O.

Applicant

Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Interlocutory Application for Stay Pending Determination of Guardianship Application

Legal Issues

  1. 1 Whether the applicant is entitled to a stay on deportation pending guardianship proceedings
  2. 2 Whether the applicant or his child can rely on Zambrano principles to prevent deportation
  3. 3 Whether the applicant has been denied an effective remedy regarding subsidiary protection

Ratio Decidendi

The stay on deportation is granted solely to protect the constitutional rights and welfare of the applicant's Irish citizen child, pending the outcome of guardianship proceedings, as the child may have a presumptive right to the care and company of both parents. Zambrano principles do not apply as the child is not dependent on the applicant and would not be forced to leave the EU if the applicant is deported.

Court Disposition

Interlocutory stay on deportation granted pending guardianship proceedings

Orders

  • Stay on enforcement of deportation order against the applicant until 24th January 2012, to be reviewed pending the outcome of the guardianship application in the District Court