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Ireland / High Court / [2012] IEHC 104

AO v Minister for Justice, Equality and Law Reform, Ireland and the Attorney General

Policy area:
Asylum and migration
Deciding Body type:
National Court/Tribunal
Deciding Body:
High Court
Decision date:

Facts of the case:

The applicant is a Nigerian national who was engaged to a Muslim woman. He fled Nigeria as a result of threats from third parties who objected to the fact that she was marrying a Christi. His asylum claim in Ireland was rejected on the basis that Nigeria had a functioning police force; nevertheless, the applicant affirmed that he did endeavour to seek police protection and that it was unavailing. He therefore submitted a claim for subsidiary protection, which was also rejected and, as a consequence, the Minister for Justice made the decision to deport him. The applicant sought to challenge by way of judicial review the decision of the Minister to refuse his application for subsidiary protection. The applicant also sought to challenge the Minister’s refusal to revoke the deportation order which had been made against him, on the ground that the deportation would breach his right to family life. In fact, once in Ireland, the applicant had become father of an Irish citizen child. The applicant also applied for an injunction restraining his deportation on the grounds that there is every likelihood that if he were to be deported, he would never again see his dughter during her childhood.

Outcome of the case:

The High Court granted an injunction restraining the deportation of the applicant until a fixed date. In fact, the High Court can only give a precautionary and short-term relief. The applicant shall, in the meantime, apply to the Minister to revoke the deportation order.