F.E.C. v Minister for Justice and Equality (Unapproved)

F.E.C., P.N.C., E.C., D.C., S.C.Z.C. (THE THIRD TO FIFTH APPLICANTS ARE MINORS SUING BY THEIR NEXT FIREND P.N.C.)

�The appellants appeal the refusal of the High Court (Mac Eochaidh J.), by judgment dated 25 July 2016 and Order perfected on 26 July 2016, to grant them leave to apply for judicial review of the decision of the respondent (hereinafter �the Minister�) dated 6 October 2015 to refuse to revoke a Deportation Order made in respect of the first appellant in 2005.�

�The first and second appellants are Nigerian nationals. They entered the State in 2004 and applied for asylum on 21 September 2004.� Those applications were refused, and Deportation Orders issued against both appellants on 29 November 2005.

�Their first child (the third appellant) was born on 27 October 2006 and is a Nigerian national.� An application for asylum was made on his behalf and the second appellant was permitted to remain in the State pending the issue of a decision on the asylum application.

�The first appellant was deported on 19 December 2007.� According to his affidavit evidence in the within proceedings, he stayed in Lagos for a number of months before returning to the State illegally and in secret in or around June 2008.� He entered the State using a passport in the name of a third party, F. E. E.� The first appellant asserts that he has remained in the State since that time without permission.