Y.Y. v Minister for Justice and Equality
Irish Supreme Court case / From Wikipedia, the free encyclopedia
Y.Y. v Minister for Justice and Equality [2017] IESC 61[1][2] is an Irish Supreme Court case which concerned the deportation of "Y.Y.", who was an Algerian national. Y.Y. was facing deportation from Ireland to his native country, where he was sentenced in absentia to three life sentences and two death sentences for terrorism related offences. Y.Y. appealed to the Supreme Court against a High Court decision that dismissed his challenge to a deportation order made by The Minister for Justice and Equality under the Immigration Act 1999. He argued that if he were deported to Algeria, he would be under a real threat of torture, inhuman or degrading treatment. Thus, deporting him would go against Article 3 of the European Convention on Human Rights (ECHR).
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Y.Y. v Minister for Justice and Equality | |
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Court | Supreme Court of Ireland |
Full case name | Y.Y. v Minister for Justice and Equality |
Decided | 27 July 2017 |
Citation(s) | [2017] IESC 61 |
Transcript(s) | https://www.bailii.org/ie/cases/IESC/2017/S61.html |
Case history | |
Appealed from | High Court |
Appealed to | Supreme Court |
Court membership | |
Judges sitting | Denham C.J., O'Donnell Donal J., MacMenamin J., Dunne J., O'Malley Iseult J. |
Case opinions | |
The Supreme Court held that Article 3 of the European Convention on Human Rights which prohibits torture, inhuman or degrading treatment was absolute and that the Minister for Justice and Equality should consider this possibility when making a deportation order in this case. | |
Decision by | O’Donnell D |
Keywords | |
Deportation, Deportation Order, European Convention on Human Rights (ECHR), Refoulement (Non-) |
The Supreme Court held that Article 3 of the ECHR which prohibits torture, inhuman or degrading treatment was absolute and that the Minister must consider this possibility when making a deportation order in this case. The court decided that the matter must be sent back to the Minister for further consideration. The court extended the deportation order for 7 days and held that if an application to set aside the court's decision was made on the basis of inadequate reasons, the stay would last for a further 14 days.