The High Court quashes the refusal to revoke a deportation order against a Nigerian husband of an Irish citizen
Date Published: 10-11-2011
The Court ruled that marriage must be taken seriously and given "life and reality".
Mr Adoeye, a Nigerian national, who had unsuccessfully sought asylum, and who failed to report to the Gardai on foot of a deportation order, was arrested and deported from the State in 2011, at a time when his Irish wife was pregnant with their child. Mrs Adeoye also had a daughter from a previous relationship. The applicants argued that the Minister erred in failing to give appropriate weight to their family rights under Article 41 of the Constitution in refusing to revoke Mr Adeoye’s deportation order.
The Court said it was pure fiction to say that Mrs Adeoye had a choice worth speaking of, and that, having read the country information, it was not easy to see how Mrs Adeoye and her children could survive in Nigeria. The Court said it behoves the judicial branch of government to ensure that the Constitutional protection of marriage is taken seriously, and given life and reality. The Court held that the Minister had not weighed the rights of the applicants fairly, and quashed the decision refusing to revoke Mr Adeoye’s deportation order.
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