MH and SH deportation orders quashed by High Court

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The High Court quashed the deportation orders concerning MH and SH. Mr Justice Max Barrett found that the Minister for Justice had erred in law and that the decision to deport was unreasonable. The proceedings were reported on 24 July 2020.

The ruling followed an offer to undergo DNA testing at the applicants’ own expense, which the Minister did not take up. The subsequent DNA evidence proved that MH and SH were blood relatives of the EU citizen. The judge was surprised that the Minister did not revisit the deportation decision in light of that evidence.

The court also considered that deportation would breach Article 8 of the European Convention on Human Rights because the applicants would lose the financial and emotional support of MH’s brother and their educational advancement would be frustrated.