The High Court has refused an application to quash a deportation order against Kabir Alli, a Nigerian national and father of Irish citizen twins, finding that the Minister had lawfully weighed the family’s circumstances against the State’s immigration policy.
The judicial review was brought by Alli and his minor son, Ganiyu, who sued through his father. They challenged the Minister’s January 2009 decision to deport Alli after his asylum application failed and his request for leave to remain was refused. The hearing took place alongside a similar case involving another family; the court said its conclusions on the applicable principles also applied to that case.
Alli joined his wife and children in Ireland in 2007, more than three years after the twins’ birth. His wife had temporary permission to remain with the children, which had been extended until October 2010. The family also included two older children from his wife’s previous relationship. The court recorded that the wife had said she would stay in Ireland with the children if Alli were deported.
The applicants argued that the Minister used the wrong test by asking whether there were “insurmountable obstacles” to the family moving to Nigeria, rather than whether it would be reasonable to expect them to go. They also said the Minister had failed to give sufficient weight to the children’s constitutional rights and family life, and that immigration control was not a substantial enough reason to deport Alli.
The court rejected those arguments. It held that assessing whether there were insurmountable obstacles included considering whether it was reasonable for the family to move. The Minister had taken account of the twins’ young age, their short time in Ireland, their schooling and the family’s circumstances. The court said there was little evidence before the Minister that the family would face significant obstacles in Nigeria.
It also found that preserving an orderly immigration system could be a substantial reason for deportation, provided the Minister considered the individual family’s circumstances. The court concluded that the Minister had weighed the family’s rights against the State’s interests and reached a reasonable, proportionate decision. It stressed that a child’s citizenship did not give a foreign national parent an automatic right to remain in Ireland.
The court refused certiorari, the requested order that would have quashed the deportation decision. The judgment did not itself order Alli’s removal; it upheld the challenged ministerial decision against this judicial review application.