Bertan v Minister for Justice and Equality

CourtHigh Court
JudgeMr. Justice Richard Humphreys
Judgment Date12 January 2018
Neutral Citation[2018] IEHC 13
Date12 January 2018
Docket Number[2017 No. 653 J.R.]

[2018] IEHC 13



Humphreys J.

[2017 No. 653 J.R.]




Asylum, Immigration & Nationality - Deportation order - Substantial grounds - Illegal immigrant - Art. 8 of the European Convention on Human Rights (ECHR) - S. 3 of the Immigration Act 1999

Facts: The applicant sought an order of certiorari for quashing the decision of the first named respondent who had made a deportation order in respect of the applicant. The applicant contended that her deportation would breach her children's rights under art.8 of ECHR.

Mr. Justice Richard Humphreys dismissed the application of the applicant. The Court held that the respondent was not under any mandate to provide permission to a non-national that would entitle her to work without a work permit. The Court cited the case, Genovese v. Malta (Application No. 53124/09, European Court of Human Rights), to the effect that there were no rights for an illegal immigrant to stay in Ireland in order to work to pay for the children's education.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 12th day of January, 2018

The applicant is a national of the Philippines, and is a married woman with three children. The rest of the family live in the Philippines. She arrived in Ireland on a work permit on 3rd February, 2005. Her permission to remain in Ireland expired on 28th May, 2010. After a period of illegal residence of almost two years she was granted a further permission on 2nd April, 2012, which was extended until 28th May, 2014, and she has resided illegally since that date. The applicant has never applied for international protection and she has worked as a carer for elderly persons most of the time that she has been in the State, and in addition has been a cleaner for a limited period of time.


On 7th October, 2015, she was informed of a proposal to make a deportation order and was invited to make representations to the Minister setting out reasons why a deportation order should not be made. Representations of a relatively succinct nature were made in a three-page letter from her solicitors. The applicant was notified on 26th June, 2017 that a deportation order had been made in respect of her on 16th June, 2017. She now applies for certiorari of that deportation order. I have heard submissions from Mr. Colm O'Dwyer S.C. (with Mr. Garry O'Halloran B.L.) for the applicant, and from Mr. Daniel Donnelly B.L. for the respondents.

Should the matter be adjourned pending the outcome of the Supreme Court appeal in D.E.?

Given the volume of cases in the asylum list and the number of cases at various stages in the High Court, the Court of Appeal, the Supreme Court or Luxembourg, it is not always possible to adjourn cases where there is any overlap with other proceedings. A holding list has been created within the asylum list so that particular cases can be parked pending an appeal or a reference, where it is appropriate to do so. An application to put a case into the holding list prior to the fixing of a date is the appropriate mechanism to have this issue considered. If a date is fixed for any particular case it must then generally be regarded as too late for a party to seek in submissions, or even worse on the day of a hearing, to have the matter adjourned. Mr. O'Dwyer's application to adjourn the matter pending the outcome of D.E. v. Minister for Justice and Equality [2017] IESCDET 85 is thus too late, but more fundamentally D.E. is only going to deal with the question of whether leave should have been granted on that issue. The questions on which leave to appeal has been given do not relate to either (a) if there is an obligation...

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1 cases
  • N.M. (Georgia) v The Minister for Justice and Equality
    • Ireland
    • High Court
    • 31 July 2018
    ...and Equality [2018] IEHC 32 [2018] 1 JIC 1205 (Unreported, High Court, 12th January, 2018), Bertan v. Minister for Justice and Equality [2018] IEHC 13 [2018] 1 JIC 1201 (Unreported, High Court, 12th January, 2018), C.O. (Nigeria) v. Minister for Justice and Equality [2017] IEHC 725 [2017] 1......

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