A.O -v- Minister for Justice, Equality and Law Reform, Ireland and the Attorney General (No. 3) [2012] IEHC 104 (03 April 2012)

A.O -v- Minister for Justice, Equality and Law Reform, Ireland and the Attorney General (No. 3) [2012] IEHC 104 (03 April 2012)

The applicant is not entitled to leave to challenge the subsidiary protection decision on Article 39 or judicial review adequacy grounds, nor on EU Charter or Ruiz-Zambrano grounds, as the relevant EU law does not apply. However, the court must protect the constitutional rights of the child under Article 42.5, and the applicant is granted leave to apply for judicial review and an interlocutory injunction restraining deportation until June 30th 2012, conditional on applying to the Minister to revoke the deportation order.

Citation
[2012] IEHC 104
Parties
Applicant: A. O.; Respondents: Minister for Justice, Equality and Law Reform, Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
03 April 2012
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review and Interlocutory Injunction
Outcome
Partially granted and adjourned
Legal Topics
Deportation, Subsidiary Protection, Child's Rights, Judicial Review, EU Charter of Fundamental Rights, Article 8 ECHR, Guardianship and Access, Separation of Powers
Immigration Law Constitutional Law Family Law European Union Law Deportation Subsidiary Protection Child's Rights Judicial Review +4 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 / Application for Leave to Apply for Judicial Review and Interlocutory Injunction

Legal Issues

  1. 1 Whether the applicant is entitled to judicial review of the deportation order on grounds relating to subsidiary protection, EU law, and the rights of his Irish citizen child
  2. 2 Whether Article 39 of the Procedures Directive and the EU Charter of Fundamental Rights apply
  3. 3 Whether the best interests of the child require the court to intervene against the wishes of the sole guardian

Ratio Decidendi

The applicant is not entitled to leave to challenge the subsidiary protection decision on Article 39 or judicial review adequacy grounds, nor on EU Charter or Ruiz-Zambrano grounds, as the relevant EU law does not apply. However, the court must protect the constitutional rights of the child under Article 42.5, and the applicant is granted leave to apply for judicial review and an interlocutory injunction restraining deportation until June 30th 2012, conditional on applying to the Minister to revoke the deportation order.

Court Disposition

Partially granted and adjourned

Orders

  • Adjournment of the challenge to the subsidiary protection decision pending CJEU judgment in Case C-277/11 MM
  • Leave granted to amend pleadings to assert relief concerning the child's constitutional and ECHR rights