DaSilva v Minister for Justice and Equality

JurisdictionIreland
JudgeMr. Justice Richard Humphreys
Judgment Date14 November 2016
Neutral Citation[2016] IEHC 649
Docket Number[2016 No. 615 J.R.]
CourtHigh Court
Date14 November 2016

[2016] IEHC 649

THE HIGH COURT

JUDICIAL REVIEW

Humphreys J.

[2016 No. 615 J.R.]

BETWEEN
VILMAR DA SILVA

AND

WINNIE SCALLY
APPLICANTS
AND
MINISTER FOR JUSTICE AND EQUALITY, THE ATTORNEY GENERAL

AND

IRELAND
RESPONDENTS

Asylum, Immigration & Nationality –Illegal stay in the State – Deportation orders – Judicial review – Lack of substantial grounds

Facts: The first named applicant, being a non-EU national, sought leave to apply for judicial review in relation to an order of deportation made against him by the first named respondent. The first named applicant argued that since other illegal migrants who were similarly situate as the first named applicant having a relationship with an Irish citizen were granted permission to remain in the State, the first named respondent was bound to give similar permission to the first named applicant to reside in Ireland.

Mr. Justice Richard Humphreys refused to grant leave to the first named applicant. The Court held that the fact that the first named respondent had given permission to other illegal migrants to remain in the State was not a valid ground for the next illegal migrant to remain in the State and that there must exist substantial and concrete grounds to challenge the impugned deportation order.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 14th day of November, 2016
1

Are there substantial grounds to challenge a deportation order against a particular illegal immigrant on the basis that the Minister has allowed a large number of other illegal immigrants to remain in the State? That is the primary proposition being contended for in this application for leave to apply for judicial review.

2

The applicants are citizens of Brazil and Ireland respectively who are in a relationship which commenced in August, 2009. The applicant had recently arrived in Ireland on a visitor's visa for a fortnight in November, 2007. He has been illegally in Ireland thereafter.

3

An application seeking permission to reside in the State based on the ‘ de facto relationship’ was submitted on 22nd August, 2012.

4

That application was refused on 10th December, 2012. Ultimately a deportation order dated 1st July, 2016, was made in respect of the first named applicant.

5

In his grounding affidavit at para. 16, the first named applicant says that ‘ as a result of knowing many other foreign nationals, including friends of Brazilian nationality, who had been granted permission to remain in the State notwithstanding that they had resided in the State for in excess of 5 years without lawful permission, we believed that I also would be granted a similar permission to reside in Ireland’. On the basis of this view, three reliefs are sought in the leave application.

6

The first relief sought is an order quashing the deportation order.

7

Secondly an injunction is sought. An interim injunction was in fact granted on 29th July, 2016 when the matter was first mentioned in court by Faherty J. until 10th October, 2016. It appears to have expired on that date.

8

Thirdly, the applicant seeks an order for discovery of ‘ all materials relating to the ministerial policy of granting long term immigrants permission to remain in the State’ including records of what are referred to as ‘ radical actions’ and the like referred to by Minister of State David Stanton T.D. in a speech to Seanad Éireann on 29th July, 2016, on a private member's bill....

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1 cases
  • C.O. (Nigeria) v Minister for Justice and Equality
    • Ireland
    • High Court
    • 24 Noviembre 2017
    ...for Justice and Equality [2016] IEHC 379 where the point is rejected at paras. 32 to 34, da Silva v. Minister for Justice and Equality [2016] IEHC 649 at paras. 10 and 11, D.E. v. Minister for Justice and Equality [2016] IEHC 650 (under appeal), Onyemaechi v. Minister for Justice and Equali......

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