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No illegality demonstrated in decision to deport Botswana nationals

By: James Cross BL

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High Court refuses judicial review of the decision to issue Botswanan nationals - a minor and her aunt who arrived in the State on the basis of a fraudulent story - with deportation orders, on the grounds that no illegality had been demonstrated in the Minister for Justice's decision.

Asylum and immigration – deportation – judicial review - illegal immigrants from Botswana, a minor and her aunt, who arrived in the State on the basis of a fraudulent story that they intended to stay with an Irish citizen for a short visit – fraud uncovered – deportation orders made - presumption of validity - presumption that all material was considered if the decision says so - State has a wide discretion in immigration matters - normal system of applying for permission to be present in the State is from outside the jurisdiction - alleged breach of fair procedures - vague boilerplate language - alleged premature initiation of the deportation procedure - assert rights based on a permission that was obtained by fraud – complaint not made in correspondence - accelerated removal procedure for persons who are unlawfully here for less than three months without the necessity for the making of a deportation order – does not apply to minors – had to proceed with a deportation order against the minor - cannot be unlawful on the basis of any argument based on the three-month period - allegation of generic consideration - no illegality has been demonstrated - alleged failure to address their circumstances - alleged insufficient consideration given the minority of the child - insurmountable obstacles “test” - argument has been rejected on many occasions – discretion – judicial review refused –

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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