full screen background image

Events

21 September 2017 - October 5 & 6, 2017: ‘International Investment Law & the Law of Armed Conflict’ Colloquium on ‘International Inve ... +++ 21 September 2017 - 5 & 6 Οκτωβρίου 2017: International Investment Law & the Law of Armed Conflict 5 & 6 Οκτωβρίου 2017: ... +++ 29 April 2017 - Summer School on European Business Law, Corfu 2017, 24-28 Ιουλίου Το “Summer School” αποτε ... +++ 3 May 2016 - Εκδηλώσεις Τομέα Διεθνών Σπουδών – Κατεύθυνση Ι.Δ.Δ. ΑΝΑΚΟΙΝΩΣΗ Ο Καθηγ ... +++ 30 April 2016 - 9.5.2016: Ημερίδα – Το Πρόσωπο και η Οικογένεια στο Δίκαιο και την Κοινωνία   Το Ελληνικό Τμή ... +++ 30 March 2016 - 14th ICC Miami Conference on International Arbitration This conference provides an indispe ... +++

*Law of Aliens

Published on March 26th, 2018 | by Georgia Archonti

0

Ireland Supreme Court rules on obligation to consider the position of the unborn child in decision to revoke deportation order concerning the father

On 7 March 2018, the Supreme Court of Ireland ruled in case M & ors vs Minister for Justice and Equality & ors, which concerned a Nigerian national who unsuccessfully applied for asylum in Ireland and who later received a deportation order. He applied for a revocation of the deportation order arguing, inter alia, that the Minister for Justice and Equality had to take into consideration the fact that he was soon to become the father of an Irish baby. The Minister maintained that there was no obligation to give any separate regard to the position of the unborn.

On appeal, the High Court of Ireland dissented from the Minister’s opinion and found that the Minister was obliged to have regard to the fact of the pregnancy and moreover to the likely impact of deportation on the rights which the Irish citizen child would acquire on birth. The High Court found that the unborn had actual existing constitutional rights which the Minister was obliged to consider that were not limited to Article 40.3.3 of the Irish Constitution (right to life of the unborn). It also decided that the unborn was a child for the purposes of Article 42A and was therefore protected by the provisions of that article.

For further information click here….





About the Author


Back to Top ↑