Dimbo -v- Minister for Justice Equality and Law Reform [2008] IESC 26 (01 May 2008)

Dimbo -v- Minister for Justice Equality and Law Reform [2008] IESC 26 (01 May 2008)

The Minister's refusal under the IBC 05 Scheme was lawful as the scheme was administrative and did not require consideration of constitutional or Convention rights; however, in affirming deportation orders, the Minister failed to give adequate consideration to the rights and welfare of the Irish citizen child as required by the Constitution and the European Convention on Human Rights, specifically by not addressing the child's circumstances and not identifying a substantial reason for deportation.

Citation
[2008] IESC 26
Parties
Applicant/respondent: George Dimbo (suing by his mother and next friend Ifedinma Dimbo); Applicant/respondent: Ifedinma Dimbo; Applicant/respondent: Ethelbert Dimbo; Respondent/appellant: Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
01 May 2008
Procedural Posture
Judicial Review and Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Deportation, Rights of Irish Citizen Children, Judicial Review of Administrative Schemes, European Convention on Human Rights, Proportionality in Deportation Decisions
Immigration Law Constitutional Law Administrative Law Human Rights Law Deportation Rights of Irish Citizen Children Judicial Review of Administrative Schemes European Convention on Human Rights +1 more

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Parties

George Dimbo (suing by his mother and next friend Ifedinma Dimbo)

Applicant/respondent

Ifedinma Dimbo

Applicant/respondent

Ethelbert Dimbo

Applicant/respondent

Minister for Justice, Equality and Law Reform

Respondent/appellant

Procedural Posture

Judicial Review and Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the Minister's refusal under the IBC 05 Scheme was lawful and required consideration of constitutional or Convention rights
  2. 2 Whether the Minister's affirmation of deportation orders breached the rights of the Irish citizen child under the Constitution and the European Convention on Human Rights
  3. 3 What level of consideration is required by the Minister regarding the rights and welfare of Irish citizen children in deportation decisions

Ratio Decidendi

The Minister's refusal under the IBC 05 Scheme was lawful as the scheme was administrative and did not require consideration of constitutional or Convention rights; however, in affirming deportation orders, the Minister failed to give adequate consideration to the rights and welfare of the Irish citizen child as required by the Constitution and the European Convention on Human Rights, specifically by not addressing the child's circumstances and not identifying a substantial reason for deportation.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Appeal allowed regarding the IBC 05 Scheme decision; Minister's refusal under the scheme upheld.
  • Appeal dismissed regarding the deportation orders; High Court order of certiorari quashing the affirmation of deportation orders affirmed.