Moving towards Alignment with Strasbourg? Medical Expulsion in Ireland in Light of Paposhvili

This article begins by providing a broad overview of the legal framework regulating deportation of migrants from Ireland, and then examines in greater detail the jurisprudence concerning removal of non-citizens with serious health challenges and their efforts to resist such removal by reference to art 3 ECHR. The examination reveals that while the Irish superior courts and Ireland ’ s International Protection Appeals Tribunal have begun to refer in their rulings to the judgment delivered by the European Court of Human Rights in Paposhvili, the 2016 Grand Chamber ruling has yet to make a meaningful impact on the decisions of those bodies. The article concludes by highlighting areas where existing Irish case law on medical expulsion appears to be in tension with the guidance provided in Paposhvili concerning art 3-compliant deportation of seriously ill migrants.