SAM v Minister for Justice & Equality (Approved) [2020] IEHC 588 (10 November 2020)

SAM v Minister for Justice & Equality (Approved) [2020] IEHC 588 (10 November 2020)

Issuing the deportation order without notifying the applicant that the s. 3 process was being revived deprived him of statutory entitlements and was procedurally unfair.

Source-derived case information.

Citation
[2020] IEHC 588
Parties
Applicant: SAM; Respondent: Minister for Justice and Equality
Jurisdiction
Ireland
Judgment Date
10 November 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Deportation order quashed; costs awarded to applicant.
Legal Topics
Deportation, Procedural Fairness, Judicial Review
Immigration Law Administrative Law Deportation Procedural Fairness Judicial Review

Source-derived case record

Summary, issues, holding and outcome

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Parties

SAM

Applicant

Minister for Justice and Equality

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the issuance of the deportation order was procedurally fair under s. 3 of the Immigration Act 1999
  2. 2 Whether the applicant was afforded statutory entitlements before the deportation order was made

Ratio Decidendi

Issuing the deportation order without notifying the applicant that the s. 3 process was being revived deprived him of statutory entitlements and was procedurally unfair.

Court Disposition

Deportation order quashed; costs awarded to applicant.

Orders

  • Order of certiorari quashing the deportation order
  • Order for applicant's costs against respondent