O. & Ors -v- MJELR & Ors, [2009] IEHC 297 (2009)

Docket Number:2009 196 JR
Party Name:O. & Ors, MJELR & Ors
Judge:Cooke J.
 
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THE HIGH COURT2009 196 JR

BETWEEN/

M.O., K.O., V.O. (A MINOR SUING BY HER MOTHER AND

NEXT FRIEND, M.O.)APPLICANTAND

THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, THE ATTORNEY GENERAL, IRELAND AND THE HUMAN RIGHTS COMMISSIONRESPONDENTS

JUDGMENT of Mr Justice Cooke delivered on the 17th day of June, 2009.

  1. In this case, leave is sought to bring an application for an order of certiorari to quash orders for the deportation of the first and third named applicants made on the 4th February, 2009 by the Minister, consequent upon the rejection of their applications for asylum by the Refugee Applications Commissioner and confirmed on appeal by decision of the Refugee Appeals Tribunal of 15th (or perhaps 13th) July, 2008 and given to them under cover of a letter of the 28th July, 2008.

  2. The first named applicant arrived in the State from Nigeria on the 23rd November, 2007 and gave birth to the third named applicant, her daughter, on the 5th December, 2007. The identity of the father of the third named applicant is not given in the exhibited birth certificate and while the Court is perhaps left to get the impression from the grounding affidavit and the filed papers in this case that it is the second named applicant, who is described as the husband of the first named applicant, it may be of some significance that nowhere is direct evidence given that he is, in fact, the father of the third named applicant.

  3. The basis upon which the first and third named applicants' claim for asylum was made, - fear of persecution of the first named applicant in Nigeria as a former lesbian, - was rejected by the Refugee Appeals Tribunal as being incredible.

  4. Following that rejection, the first and third named applicants made an application for subsidiary protection under the European Communities (Eligibility for Protection) Regulations 2006 and lodged representations as to why they ought to be permitted to remain temporarily in the State. In the application, the first named applicant gave this description of her family and domestic circumstances, "The applicant is a married woman and resides with her Irish born child. Her husband resides in Nigeria."

  5. This last statement was untrue because the second named applicant, whom she describes as her husband, had already entered the State illegally on the 25th August, 2008. Although the second named applicant applied for asylum in his own right at some point before the 31st December, 2008, it was not until the...

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