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Should the courts stop a deportation pending a High Court appeal?

Summary

In 2016 the Supreme Court granted the State permission to appeal the Court of Appeal's decision in Chinguara & Others v Minister for Justice and Equality. The case concerned a non‑national family who had been refused refugee status in 2008 and subsidiary protection in 2011, after which the Minister issued deportation orders. The High Court had found no grounds for judicial review and the family had avoided deportation by changing address. In 2015 they sought an undertaking that they would not be deported while their appeal was pending; the State refused, so they applied to the Court of Appeal for an injunction. The Court of Appeal held that the parents' case was arguable but that the children, innocent of their parents' deception, could not be subjected to deportation. It granted an injunction against deportation for both parents and children.

Who, what, where, when and why

What: Report matter: Should the courts stop a deportation pending a High Court appeal?. Procedural stage: appeal

When:

• 2016-02-03 Publication

Why: In order to protect the childrens' constitutional right to the company and care of their parents, the court granted an injunction against deportation for their parents, also. CNI source report

Case subjects

Places mentioned

Topics

Fraud Stage Appeal

Read the original CNI report