The State (Goertz) v Minister for Justice
| Jurisdiction | Ireland |
| Judgment Date | 23 April 1948 |
| Date | 23 April 1948 |
| Court | Supreme Court |
(H. C., S. C.),
The State (Goertz)
and
Minister for Justice
Habeas corpus - Illegal entry into State - Arrest 18 months after entry - Detention by order of Minister for Justice - Release on conditional parole after 5 years - Subsequent employment within State - Orders made by Minister for arrest and deportation - Whether "ordinarily resident" within State - Aliens Act, 1935 (No. 14 of 1935), s. 5. sub-s. 5 - Aliens Order, 1935 (S. R. and Or., 1935, No. 108) -Aliens Order, 1946 (S. R. and Or., 1946, No.395).
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Sect. 5, sub-s. 5, of the Aliens Act, 1935, provides: —"An alien who is ordinarily resident in Saorstat Eireann and has been so resident for a period . . . of not less than five years and is for the time being employed in Saorstat Eireann . . . shall not be...
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N.A. (Somalia) v Minister for Justic and Equality
...not justly entitled.' This definition allegedly builds on a number of other cases, including The State (Goertz) v. Minister for Justice [1948] I.R. 45, Sofroni & Ors v. MJELR (Unreported, High Court, Peart J., 9th July, 2004), Simion (S.G.) v. MJELR [2005] IEHC 298 and Muresan v. MJELR [......
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