De Souza v Minister for Justice and Equality
 IEHC 31
THE HIGH COURT
[2017 No. 728 J.R.]
Asylum, Immigration & Nationality - Non-visa required nationals - Rejection of application for regularisation of status - Deportation - Judicial review - Art. 8 of the European Convention on Human Rights ('ECHR')
Facts: The applicants sought an order of certiorari for quashing the decision of the first named respondent for making deportation orders in relation to each of the applicants. The applicants were members of a family and resided in the State illegally, and their representation for the regularisation of status was unsuccessful. The applicants contended that the first named respondent should have considered the relationship between the minor children and their other Irish resident relatives before making out the deportation orders.
Mr. Justice Richard Humphreys dismissed the application. The Court held that the relationship between adult relatives did not necessarily attract the protection envisaged under art. 8 of the ECHR unless elements of dependency existed in such a relationship. The Court noted that there would not be any breach of art. 8 if the entire family, as a unit, would return to their country of origin.
The applicants are a family from Brazil. The father arrived in the State as a non-visa required national with a visitor permission that expired on 17th October, 2010. Notwithstanding his illegal presence in the State, he found employment in a meat factory. The wife and the two eldest children, who were born in Brazil, arrived in Ireland, in 2011 again as non-visa required nationals. Their visitor permissions expired on the 31st August, 2011, and they have been illegally present in the State since then. The fifth named applicant, the youngest child, was born in the State on 29th April, 2013. The applicants made representations seeking regularisation of their status in the State, which were unsuccessful. They were notified of a proposal to make deportation orders. Representations were made in response which included referring to the close relationship between the children and maternal grandparents and uncles who are lawfully resident in the State. Notwithstanding these representations, deportation orders were made on 9th August, 2017, and are now challenged in these proceedings. I have received helpful submissions from Mr. Gary O'Halloran B.L. (with Mr. Mark de Blacam S.C. for the applicants) and from Ms. Denise Brett S.C. (with Mr. Tim O'Connor B.L. for the respondents).
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