SS v Minister for Justice

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SS v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2019] IESC 37
Nature of Proceedings:Habeas corpus/Appeal
Judgment Date/s:27 May 2019
Judge:Charleton P
Category:Immigration law
Keywords:Dependant, Family Member, Free Movement, Freedom of Movement (Right to), Non-EU National
Country of Origin:Romania, Pakistan.
URL:https://www.courts.ie/acc/alfresco/57e4e25a-b338-4d52-a000-096d20f15854/2019_IESC_37_1.pdf/pdf#view=fitH

Facts

On 30 January 2018 the applicant/appellant sought a residence card, claiming to be a qualifying family member dependent on the alleged spouse of his father, she being an EU citizen. The applicant was a 26 year old Pakistani national who claimed to be a family member of the Romanian lady whom his father had purported to marry in November 2014. On 20 June 2018 the applicant was arrested in Portlaoise for the purposes of deportation having been served with a deportation order on 9 January 2018. An application for habeas corpus pursuant to Art.40.4.2° was made on his behalf, claiming that he could not be deported until such time as his application for a residence card under the Citizens’ Directive had been determined.

Principles:Under the European Communities (Free Movement of Persons) Regulations 2005, an applicant for a residence card as a qualifying family member of an EU citizen has a right to remain in the State until that application is determined.
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