U (D) v Minister for Justice, Equality and Law Reform

• Jurisdiction: Ireland
• Judgment Date: 17 October 2007
• Date: 17 October 2007
• Docket Number: [2007 No. 1143 J.R.]
• Court: High Court

BETWEEN/

D. U. (AN INFANT ACTING BY HER FATHER AND NEXT FRIEND C.I. )

APPLICANT

AND

THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

RESPONDENT

Neutral Citation Number:

[2007] IEHC 337

[2007 No. 1143 J.R.]

THE HIGH COURT

Abstract:

Immigration - Deportation - Application for leave to remain in State for purposes of family reunification - Whether minor child having lawful residency in State entitled to have presence of parent in State during pendency of application for family reunification - Application to restrain deportation.

the applicant was an Irish citizen whose father had failed in his application for asylum in the State, having already applied for asylum in the United Kingdom. The applicant then applied to the respondent for permission for her father and next friend to remain in the State. In the interim, the respondent had issued a transfer order to the United Kingdom under Council Regulation 243/2003 in respect of the next friend. The applicant then applied by way of judicial review for an order restraining the deportation of the next friend until her application on his behalf had been considered.

Held by Mr Justice Butler in granting the relief sought that the applicant could be deprived of her family rights in the event that the next friend was transferred from the State and subsequently found to be entitled to return to the State.

Reporter: P.C

1 Judgment of Mr. Justice Paul Butler delivered the 17th day of October, 2007.

2 The Applicant is an Irish citizen having been born in the State on 27th July, 2001, since when she has resided with her mother, a Nigerian citizen who was granted permission to remain in the State.

3 The Applicant's father, the Next Friend in these proceedings, applied for asylum in the State in March, 2007. He lied in his application. It was found that he had made a previous unsuccessful application for asylum in the United Kingdom.

4 By letter dated 24th July, 2007 the Applicant, through her solicitors, applied to the Respondent for permission for her father to remain and

5 work in the State. While there is evidence of this letter having been sent to the Respondent by facsimile communication, it appears that the Respondent has no record of having received the same and was not aware of its contents until these proceedings.

6 In the interim the Respondent issued a Transfer Order to the United Kingdom under Council Regulation...