Odeh v Minister for Justice and Equality

• Jurisdiction: Ireland
• Judge: Mr. Justice Richard Humphreys
• Judgment Date: 07 December 2016
• Neutral Citation: [2016] IEHC 654
• Docket Number: [2016 No. 724 J.R.]
• Court: High Court
• Date: 07 December 2016

[2016] IEHC 654

THE HIGH COURT

JUDICIAL REVIEW

Humphreys J.

[2016 No. 724 J.R.]

BETWEEN

JEFF OKUOMOSE ODEH

AND

RHODA ODEH

AND

ANGELOU OWEN ODEH (A MINOR SUING BY HIS FATHER AND NEXT FRIEND, JEFF OKUOMOSE ODEH)

APPLICANTS

AND

MINISTER FOR JUSTICE AND EQUALITY

RESPONDENT

Asylum, Immigration & Nationality – S. 5 of the Illegal Immigrants (Trafficking) Act 2000 – Application to seek judicial review – Deportation order – Substantial grounds – Review of earlier order

Facts: The first named applicant sought leave to challenge the deportation order made against him by the respondent. The first named applicant contended that the decision rendered by the Court, refusing his application for leave dated November 14, 2016, was invalid because it referred to 'insurmountable obstacles.' The first named applicant stated that the respondent had erred in law and failed to provide reasons in holding that the humanitarian considerations in the applicant's case were not sufficient. The respondent submitted that the first named applicant had not established substantial grounds to challenge the decision under the headings.

Mr. Justice Richard Humphreys refused the application for leave to apply for judicial review sought by the first named applicant on 'insurmountable obstacle,' and humanitarian grounds. The Court, however, granted leave to the first named applicant on the limited grounds related to the family rights of the first named applicant. The Court having regard to the fact that the second named applicant was granted permission solely by reference to her parentage of the third named applicant and by applying the dicta of Okunade v. Minister for Justice, Equality and Law Reform [2012] 3 I.R. 152 restrained the deportation order of the first named applicant until the determination of the proceedings.

JUDGMENT of Mr. Justice Richard Humphreys delivered on the 7th day of December, 2016

1 The applicants are a married couple and their child. The second named applicant who is the mother arrived in the State in 2002, while pregnant. The third named applicant, on birth, became an Irish citizen. On that basis, the second named applicant was permitted to remain in the State. The first named applicant remained in Nigeria, but came to the State unlawfully and clandestinely, through the United Kingdom in May, 2015. His presence in the State is, therefore, of relatively recent vintage.

2 He now seeks leave to challenge a deportation order made against him dated 15th August, 2016.

3 The substantial grounds test applies by virtue of s. 5 of the Illegal Immigrants (Trafficking) Act 2000, and I have had regard to the law in relation to that test including McNamara v. An Bord Pleanála [1995] 2 I.L.R.M. 125 as approved in In re Illegal Immigrants (Trafficking) Bill 1999 [2000] 2 I.R. 360 at 395.

4 I initially gave a decision on this application on 14th November, 2016 but on foot of that ruling Mr. Ian Whelan B.L. submitted that a factual misunderstanding had arisen and that the initial ruling should be revised prior to perfection of the order in accordance with In re Suffield and Watts (1888) 20 Q.B.D. 693, Paulin v. Paulin [2010] 1 W.L.R. 1057 and In re McInerney Homes Ltd. [2011] IEHC 25 (Unreported, Clarke J., 21st January, 2011), which I have decided to do in the circumstances.

Are there substantial grounds to contend that the decision is invalid by reason of the use...