VK v Minister for Justice; Khan v Minister for Justice

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VK v Minister for Justice; Khan v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Court of Appeal
Citation/s:[2019] IECA 232
Nature of Proceedings:Judicial review/Appeal
Judgment Date/s:30 Jul 2019
Judge:Baker M
Category:Immigration law
Keywords:Dependant, Family Member, Free Movement, Freedom of Movement (Right to), Non-EU National
Country of Origin:Germany, Egypt, United Kingdom, Pakistan.
URL:https://www.courts.ie/acc/alfresco/eff2dccb-f5cd-42a0-8e62-acccffa895b6/2019_IECA_232_1.pdf/pdf#view=fitH

Facts: The VK case involved a German citizen who was married to an Egyptian citizen. They resided in the State under EU Treaty Rights and submitted an application to allow the wife’s Egyptian parents and sisters join them in the State as qualifying family members who were dependent on them. In the Khan case, the applicants were UK citizens who resided in the State under EU Treaty Rights and applied for visas to allow the husband’s parents who were Pakistani nationals to join them in the State as qualifying family members who were dependent on them. In both cases the High Court had quashed the Minister’s refusal of the applications ([2013] IEHC 424 and [2017] IEHC 800). The Minister appealed.

Principles:The test for dependence is one of EU law and an applicant must show, in the light of his financial and social conditions, a real and not temporary dependence on a Union citizen. The concept of dependence is to be interpreted broadly and in the light of the perceived benefit of family unity and the principles of freedom of movement.
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