Case: Gorry & anor -v- Minister for Justice and Equality, A.B.M. & an or -v- Minister for Justice and Equality
The Irish Supreme Court ruled that a citizen’s right of residence does not amount to a right to reside in Ireland with a non-national spouse. The Court explained that marriage alone to an Irish citizen does not create an automatic right to enter the State or to continue to reside here having entered illegally or after lawful entry but where any permission has expired.
Constitutional protection of the family.
Thus, the Court held that the right to cohabit in Ireland cannot be deduced from the Constitutional obligation to protect the Family in its constitution. Since -the Court distinguished- cohabitation relates to the type of married, and therefore family, life an individual couple may have, and not to whether they are married or constitute a family
Although the Court clarified that the cohabitation of any couple in a in a committed and enduring relationship is something the State is required to have regard to in its decision making and to respect; nevertheless, it held, however, that it is not per se a lack of respect for the institution of marriage not to recognise that right, as there may be legitimate considerations of immigrations that are not trumped by the fact of marriage.
Making a decision on an application for revocation of a validly made deportation order
Consequently the Irish Court ruled that, in deciding on an application to revoke a deportation order, Article 41 of Ireland Constitution should not be understood as an inalienable, imprescriptible or imprescriptible right to cohabitation of a married couple, since immigration and deportation decisions are not matters within the authority of the Family
However, the Irish Supreme Court stated that the authority must take into account the right of an Irish citizen to:
- To reside in Ireland;
- To marry and found a family;
- The obligation on the State to guard with special care the institution of Marriage;
- The fact that cohabitation – the capacity to live together – is a natural incident of marriage and the Family and that deportation will prevent cohabitation in Ireland and may make it difficult, burdensome, or even impossible anywhere else for so long as the deportation order remains in place
See the following video (spanish):
References
The Supreme Court of Ireland. Gorry & anor -v- Minister for Justice and Equality, A.B.M. & anor -v- Minister for Justice and Equality. Judgemnt of O’Donnell J. delivered on the 23rd day of September, 2020 Retrieved from: courts.ie/acc/alfresco/ab9b764b-8af3-42dd-b6e4-49d07a43876b/2020_IESC_55_1%20(Unapproved).pdf/pdf#view=fitH
