Pok Sun Shum v Ireland

JurisdictionIreland
CourtSupreme Court
Judgment Date01 January 1986
Date01 January 1986
(H.C.)
Pok Sun Shum
and
Ireland

Alien marrying before order took effect - Extension to permission to stay - Constitution - Family -Whether order in conflict with rights of family -Whether aliens entitled to benefit of provisions of Constitution relating to family - Whether order must comply with natural justice - Aliens Order, 1946 (S.R. O. No. 395) - Aliens (Amendment) Order, 1975 (S.I. No. 128) - Aliens Act, 1935 (No. 14) - Irish Nationality and Citizenship Act, 1956, (No. 26), ss. 15, 16 - Constitution of Ireland, 1937, Arts. 41, 42.

The first-named plaintiff, a native of China, arrived in this country in 1978 and worked in a restaurant. As a result of a serious incident in 1979, the Department of Justice on behalf of the Minister informed the first-named plaintiff that he must leave the country. Later that year the first-named plaintiff married the second-named plaintiff. They had three children and his wife was expecting a fourth child. Steps to implement the decision in relation to permission for the first-named plaintiff to remain in this country as an alien were not taken. No decision was taken to request him to leave the country and, instead, from time to time, he obtained permits which were granted to him by the Department of Labour allowing him to continue to work. In 1981, the first-named plaintiff made a formal application to the Minister for a certificate of naturalisation in addition to an application to carry on business as a self-employed person. Meetings between him and officials of the Department of Justice took place followed by correspondence. His application for a certificate of naturalisation was refused and he was informed that he must leave the country but a stay for a further three months was allowed to enable him to wind up his business affairs. Proceedings were instituted by the plaintiffs and a number of declarations were sought, inter alia, that, 1, the 1946 and 1975 Aliens Orders did not empower the Minister in view of Articles 40, 41 and 42 of the Constitution to control the duration of stay and/or engagement in business of the first-named plaintiff within the State and otherwise control or prohibit his movements within and/or departure from and re-entry...

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95 cases
  • F.B. v The Minister for Justice and Equality No.2
    • Ireland
    • High Court
    • 13 December 2018
    ...... submissions made on their behalf; and second, because the Minister disregarded the requirements of both Article 41 of the Constitution of Ireland and Article 8 of the European Convention on Human Rights, in reaching it. The applicant also contended that the Minister’s decision concerning E.L. .... . 44 For those reasons, neither the decision of Costello J in Pok Sun Shum v Ireland [1986] ILRM 593 nor that of Ryan J in Fitzpatrick v Minister for Justice [2005] IEHC 9 , (Unreported, High Court, 26 January, 2005) ......
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    ...16.12.2004 2004/2/259 BOULTIF v SWITZERLAND 2001 33 EHRR 50 ÜNER v THE NETHERLANDS 2007 45 EHRR 14 POK SUN SHUN & ORS v IRELAND & ORS 1986 ILRM 593 O (O) (A MINOR) & ORS v MIN FOR JUSTICE UNREP HIGH HEDIGAN 9.10.2008 2008 IEHC 307 O (G) & ORS v MIN FOR JUSTICE UNREP HIGH BIRMINGHAM 19.6.20......
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    • 7 October 2009
    ...HERBERT 7.2.2007 2007 IEHC 11 NDINDA v REFUGEE APPEALS TRIBUNAL UNREP HERBERT 16.11.2006 2006/46/9603 2006 IEHC 368 POK SUN SHUM v IRL 1986 ILRM 593 O (O)(A MINOR) & ORS v MIN FOR JUSTICE & ORS UNREP HEDIGAN 9.10.2008 2008/47/10244 2008 IEHC 307 IMMIGRATION Asylum Judicial review - Leave -......
  • Danibye Luximon v Minister for Justice and Equality
    • Ireland
    • High Court
    • 20 March 2015
    ...this executive power is exercised by the Minister on behalf of the State. This was described by Costello J. in Pok Sun Shun v. Ireland [1986] I.L.R.M. 593 at p. 599 as:- "In relation to the permission to remain in the State, it seems to me that the State, through its Ministry for Justice, ......
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1 firm's commentaries
  • Duty To Give Reasons For Administrative Decisions
    • Ireland
    • Mondaq Ireland
    • 31 May 2013
    ...been provided (Abuissa v. Minister for Justice [2011] 1 IR 123; Mallak v. Minister for Justice [2011] IEHC 306; Pok Sun Shum v. Ireland [1986] ILRM 593). Furthermore, while the Supreme Court did not go so far as to state that there exists a general duty on administrative decision makers to ......
1 books & journal articles
  • Consolidating the Approach to Article 41.4: Gorry & Anor v Minister for Justice and Equality
    • Ireland
    • Trinity College Law Review Nbr. XXII-2019, January 2019
    • 1 January 2019
    ...the impact of an order to be, where it is clear that some impact would occur. 24 21 ibid [9]. 22 ibid [10]-[11]. 23 Pok Sun Shum [1986] ILRM 593, 600. See also PF v Minister for Justice, Equality and Law Reform (HC, 26 January 2005), 21. 24 BIS and Ors v Minister for Justice, Equality and L......

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