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Minister gave adequate consideration to family rights of Nigerian mother and two children

By: James Cross BL

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High Court refuses judicial review of decisions refusing Nigerian mother and her two children permission to remain and refusing to revoke the deportation orders made against them, on the grounds that the Minister for Justice did not fail to have regard to their family rights and did not fail to give adequate consideration to their representations and documents.

Asylum and immigration – judicial review – Nigerian mother and her two children challenging decisions permission to remain and refusing to revoke the deportation orders made against them - arrived on a visitor’s visa purportedly to visit her brother – refused asylum, subsidiary protection and permission to remain - sought review of the permission to remain decision – decision affirmed – deportation orders made – application to revoke the deportation order - alleged failure to have regard to family rights - complaint is founded on an erroneous premise - Minister did not fail to have regard to their family rights - deportation of the applicants as unsettled migrants only breaches that provision in exceptional circumstances - alleged failure to give adequate consideration to representations and documents - Minister did not fail to give their material adequate consideration - legitimate for the Minister to point out that there are no obstacles to return and nothing has been suggested as to why that is not so – judicial review dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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