Smith v Minister for Justice and Equality
Irish Supreme Court case / From Wikipedia, the free encyclopedia
Smith v Minister for Justice and Equality [2013] IESC 4[1] is a reported Irish Supreme Court case which concerned the deportation of one the appellants, "Mr Smith", who was a Nigerian national. The appellant argued that the deportation order made against him should be revoked by the Minister for Justice pursuant to section 3(11) of the Immigration Act 1999 for several reasons. The most notable of these was the right of a citizen (in this case the child of Mr Smith) to have a family; as articulated by the Court of Justice of the European Union in Gerardo Ruiz Zambrano v Office national de l’emploi,[2] a deportation order which would force a citizen of the European Union (EU) to leave the Union was contrary to the principles of EU law, as it would deprive the citizen of their right to live in the Union.
Smith v Minister for Justice and Equality [2013] IESC 4 | |
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Court | Supreme Court of Ireland |
Full case name | Smith v Minister for Justice and Equality & Ors [2013] IESC 4 |
Decided | 1st February 2013 |
Citation(s) | [2013] IESC 4 |
Transcript(s) | https://www.bailii.org/ie/cases/IESC/2013/S4.html |
Case history | |
Appealed from | High Court |
Appealed to | Supreme Court |
Court membership | |
Judges sitting | Denham C.J., McKechnie J., Clarke J. |
Case opinions | |
The Supreme Court found that that there were no valid grounds for challenging the Minister's decision to not revoke the deportation order against the appellant, the appeal was dismissed and judicial review was declined. | |
Decision by | Justice Clarke |
Keywords | |
Judicial Review, Immigration, |
The Supreme Court decided that in this case, the right of a citizen to have a family was not enough to warrant the revocation of deportation order, as the deportation of Mr Smith would not force his child to leave the jurisdiction and thus would not deprive the citizen of their right to live in the Union. The court found that there were no valid grounds for challenging the Minister's decision to not revoke the deportation order against the appellant.