Pok Sun Shum v Ireland

JurisdictionIreland
Judgment Date01 January 1986
Date01 January 1986
CourtSupreme Court
(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...

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101 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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  • 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 No. 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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