Minister was obliged to consider family rights in decision on right to remain in the State

Mark Tottenham BL

May 14, 2018

Luximon v Minister for Justice [2018] IESC 24 (Supreme Court, MacMenamin J, 24 April 2018)

Supreme Court dismisses appeal from Court of Appeal, and affirms judicial review of a refusal by the Minister for Justice of a right to remain in respect of two persons from Mauritius, who had arrived in Ireland on foot of an educational scheme and remained in the State lawfully for over eleven years, on the grounds that: (a) the Minister was obliged to consider the privacy and family rights of the respondents when deciding on a right to remain, rather than wait until the consideration of deportation; and (b) the Minister had a duty of fairness towards the respondents in circumstances where the decision to refuse a right to remain had arisen from a change in government policy towards persons who were resident in the State on foot of the relevant educational scheme.

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