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Ireland / High Court / [2012] IEHC 113

Charles Smith (a minor), Alimat Smith (a minor), Sikirat Smith, Rufai Smith, Ajoke Moriamo Smith and Omolulu Smith v Minister for Justice and Equality, 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 applicants are a husband and wife and their four children. The husband left Irland illegaly, while present there as an asylum seeker. He entered illegaly the United Kingdom, where he was engaged in criminal activities for which he was convicted. He consequently was deported from the territory of the European Union but re-entered illegally. When applying for a permission to reside in Ireland, he lied about his movements. Following the refusal of the permission to stay, the family sought to challenge that refusal in judicial review proceedings.

Outcome of the case:

The High Court refused the application for leave to seek judicial review on the ground that there had been repeated abuse by the applicant of the immigration laws of Ireland, as well as of another Member State. Such disregard for the law constituted, in the judgment of the Court, ample ground to refuse the application.