B. & Anor -v- MJELR,  IEHC 333
|Docket Number:||2009 151 JR|
|Party Name:||B. & Anor, MJELR|
THE HIGH COURT2009 151 JR
B. AND A. K. R. (A MINOR SUING BY HER FATHER
AND NEXT FRIEND B. B.)APPLICANTSAND
THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM RESPONDENT
RESERVED JUDGMENT of Mr. Justice Cooke delivered on the 16th day of July, 2009
By order made ex parte on the 16th February, 2009, Edwards J. granted the applicants leave to bring the present application for an order of mandamus directing the respondent to make a decision on an application made by the first named applicant for residence in the State. (As the presence of the second named applicant, who is the natural daughter of the first named applicant, but not in his custody or care, appears to be unnecessary, it is ignored in this judgment, and the first named applicant is referred to as "the applicant".)
The background to the application is straightforward; the applicant, who is a Romanian national, entered the State in October 1996 and claimed asylum. On the 17th March, 1998, his above daughter was born to his then Irish citizen partner and he withdrew his application for refugee status and applied for residence as the father of an Irish citizen child.
On 10th November, 2003, the respondent Minister notified the applicant of a proposal to make a deportation order in respect of him and representations were made to the Minister on his behalf, together with an application for leave to remain. These were considered and on 23rd May, 2006, the applicant was served with a deportation order dated 12th May, 2006.
Judicial review proceedings to quash that order were instituted, and on the 12th December, 2006, these were compromised on terms recorded in a letter from the Office of the Chief State Solicitor of that date, as follows:
1. The Minister revokes the deportation orders made in respect of the applicants. The applicants may make fresh representation under s. 3 (3)(b) of the Immigration Act, within 15 working days. That the Minister will issue a decision within 21 days of the date of receipt of the submissions. This revocation is without prejudice to the Minister's right to make a fresh proposal to deport the applicant, pursuant to section 3 of the Immigration Act, at any time in the future;
2. The respondent agrees to pay a contribution of 25,500, plus VAT, to the applicant's costs.
On foot of that agreement, the deportation order was duly revoked and the agreed costs were paid. The applicant submitted fresh representations. Nothing further appears to have been heard from the Minister one way or another until, on 23rd June, 2008, the Minister wrote the letter which gives rise to the present application and which reads as follows:
Since 1 January 2007, on the accession of Bulgaria and Romania to the EU...
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