Lobe v. Minister for Justice, Equality and Law Reform [2003] IESC 3 (23 January 2003)

Lobe v. Minister for Justice, Equality and Law Reform [2003] IESC 3 (23 January 2003)

Irish citizen minors do not have an absolute constitutional right to the care and company of their parents in the State where the parents have no legal right to reside. The State's power to control immigration, including the deportation of non-national parents, is a legitimate aspect of the common good and may override the family rights of Irish citizen minors, provided the Minister gives proper consideration to all relevant factors. The short period of residence and the need to maintain the integrity of the immigration and asylum systems justified the Minister's decision to deport the parents in these cases.

Citation
[2003] IESC 3
Parties
Applicants/appellants: David Lobe, Jana Loveova, Aladar Lobe (a minor suing by his father and next friend, David Lobe), Lukas Lobe (a minor suing by his father and next friend, David Lobe), Jana Lobe (a minor suing by his father and next friend, David Lobe), Kevin Lobe (a minor suing by his mother and next friend, Jana Loveova); Applicants/appellants: Anderw Osayande and Osaze Joshua Osayande (a minor suing by his mother and next friend, Flora Osayande); Respondent/respondent: The Minister for Justice, Equality and Law Reform
Jurisdiction
Ireland
Judgment Date
23 January 2003
Procedural Posture
Judicial Review (appeal) / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Deportation of Non National Parents of Irish Citizen Children, Constitutional Rights of the Family, Rights of Irish Citizen Minors, State's Power to Control Immigration, Application of the Dublin Convention
Constitutional Law Immigration Law Family Law Deportation of Non National Parents of Irish Citizen Children Constitutional Rights of the Family Rights of Irish Citizen Minors State's Power to Control Immigration Application of the Dublin Convention

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Parties

David Lobe, Jana Loveova, Aladar Lobe (a minor suing by his father and next friend, David Lobe), Lukas Lobe (a minor suing by his father and next friend, David Lobe), Jana Lobe (a minor suing by his father and next friend, David Lobe), Kevin Lobe (a minor suing by his mother and next friend, Jana Loveova)

Applicants/appellants

Anderw Osayande and Osaze Joshua Osayande (a minor suing by his mother and next friend, Flora Osayande)

Applicants/appellants

The Minister for Justice, Equality and Law Reform

Respondent/respondent

Procedural Posture

Judicial Review (appeal) / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether Irish citizen children have an absolute constitutional right to the care and company of their parents in the State
  2. 2 Whether the Minister for Justice is entitled to deport non-national parents of Irish citizen minors
  3. 3 Whether the constitutional rights of the family override the State's power to control immigration

Ratio Decidendi

Irish citizen minors do not have an absolute constitutional right to the care and company of their parents in the State where the parents have no legal right to reside. The State's power to control immigration, including the deportation of non-national parents, is a legitimate aspect of the common good and may override the family rights of Irish citizen minors, provided the Minister gives proper consideration to all relevant factors. The short period of residence and the need to maintain the integrity of the immigration and asylum systems justified the Minister's decision to deport the parents in these cases.

Court Disposition

Appeal dismissed

Orders

  • The Minister's deportation orders are upheld.
  • No order quashing the deportation orders.