I.S. (Lithuania) -v- The Minister for Justice and Equality and ors [2016] IEHC 431 (22 July 2016)

I.S. (Lithuania) -v- The Minister for Justice and Equality and ors [2016] IEHC 431 (22 July 2016)

The decision-maker failed to properly consider the applicant's family life and dependency in light of Article 8 ECHR and Article 7 of the EU Charter, and did not conduct the required proportionality assessment. This was a fundamental error, rendering the removal order unlawful.

Citation
[2016] IEHC 431
Parties
Applicant: I. S. (Lithuania); First Respondent: The Minister for Justice and Equality; Respondents: Ireland and the Attorney General
Jurisdiction
Ireland
Judgment Date
22 July 2016
Procedural Posture
Judicial Review / Final Judgment on Application to Quash Removal Order
Outcome
Application granted; removal order quashed by certiorari.
Legal Topics
Removal Orders, Exclusion Orders, Right to Family Life, Proportionality, Fair Procedures, Access to Courts
Immigration Law European Union Law Human Rights Law Removal Orders Exclusion Orders Right to Family Life Proportionality Fair Procedures +1 more

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Parties

I. S. (Lithuania)

Applicant

The Minister for Justice and Equality

First Respondent

Ireland and the Attorney General

Respondents

Procedural Posture

Judicial Review / Final Judgment on Application to Quash Removal Order

Legal Issues

  1. 1 Whether the removal and exclusion order against the applicant breached his rights under Article 8 ECHR and Article 7 of the EU Charter of Fundamental Rights
  2. 2 Whether the decision-maker failed to properly consider the applicant's family life and proportionality
  3. 3 Whether the review procedures complied with fair procedures and EU law

Ratio Decidendi

The decision-maker failed to properly consider the applicant's family life and dependency in light of Article 8 ECHR and Article 7 of the EU Charter, and did not conduct the required proportionality assessment. This was a fundamental error, rendering the removal order unlawful.

Court Disposition

Application granted; removal order quashed by certiorari.

Orders

  • Order of certiorari quashing the removal order issued against the applicant.