PSM -v- Minister for Justice and Equality (No 2) [2016] IEHC 652 (14 November 2016)
None of the proposed questions for leave to appeal meet the statutory criteria as they either lack legal uncertainty, are hypothetical, misconceived, or would not affect the outcome; application for leave to appeal refused.
- Citation
- [2016] IEHC 652
- Parties
- Applicant: P. S. M.; Respondent: Minister for Justice, Equality
- Jurisdiction
- Ireland
- Judgment Date
- 14 November 2016
- Procedural Posture
- Judicial Review / Application for Leave to Appeal After Dismissal of Judicial Review
- Outcome
- Application for leave to appeal refused.
- Legal Topics
- Deportation, Leave to Appeal, Family Rights, Ministerial Discretion, Children's Rights
Case Brief
Summary, issues, holding and outcome
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Parties
P. S. M.
Applicant
Minister for Justice, Equality
Respondent
Procedural Posture
Judicial Review / Application for Leave to Appeal After Dismissal of Judicial Review
Legal Issues
- 1 Whether Minister must find present propensity to commit crime to justify deportation on prevention of disorder/crime grounds
- 2 Whether Minister must show compelling justification for deportation separating families or if applicant must show compelling circumstances
- 3 Whether UK immigration rules are presumed ECHR-compatible in Irish courts
Ratio Decidendi
None of the proposed questions for leave to appeal meet the statutory criteria as they either lack legal uncertainty, are hypothetical, misconceived, or would not affect the outcome; application for leave to appeal refused.
Court Disposition
Application for leave to appeal refused.
Orders
- Application for leave to appeal is refused.
Full Case Text
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