Wen Wei & Ting Ting v Minister for Justice & anor

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Respondent/Defendant:Minister for Justice and the Commissioner of An Garda Síochána
Court/s:Court of Appeal, Supreme Court
Nature of Proceedings:Appeal
Judgment Date/s:19 Dec 2024
Judge:Woulfe, S., Hogan, G., O’Donnell
Category:Immigration law
Keywords:Border control, Entry (Refusal of), Non-EU National, Refusal of leave to land, Student, Visa
Country of Origin:Malaysia
URL:https://www.courts.ie/acc/alfresco/d56fd777-f75b-4b75-a57c-14e76b9e95c0/[2024]_IESC__58_Woulfe%20J.pdf/pdf#view=fitH

Facts: The appellants were two Malaysian nationals who sought permission to land and enter the State at Cork Airport in December 2020 in order to start an English language course in January 2021. They were refused permission to land because the course was to be conducted online and not in person. This decision was made at the time of the … Read More

Principles:The reference to public policy in the refusal of leave to land ground under section 4(3)(j), Immigration Act 2004 should be understood as distinct from national security and as granting wide discretion to the Minister.
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Akram v Minister for Justice and Equality and the Commissioner of An Garda Síochána

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Respondent/Defendant:Minister for Justice and Equality, Ireland and the Commissioner of An Garda Síochána
Court/s:Court of Appeal
Citation/s:[2022] IECA 108
Nature of Proceedings:Judicial Review/Appeal
Judgment Date/s:12 May 2022
Judge:Donnelly, A., Ní Raifeartaigh, U., Power, A.
Category:Immigration, Immigration law
Keywords:Border control, Detention, European Convention on Human Rights (ECHR)
Country of Origin:Pakistan
URL:https://courts.ie/acc/alfresco/62535f02-327f-472c-bf28-9244c0ea6b0a/2022_IECA_108_Donnelly%20J..pdf/pdf#view=fitH

Facts: The applicant, a national of Pakistan and a student in Cyprus, was refused leave to land at Dublin Airport on 21 October 2017. While he held a visa for the State, he was refused leave to land pursuant to section 4(3)(k), Immigration Act 2004, on the grounds that there was reason to believe that he intended to enter the … Read More

Principles:When refusing leave to land, a mobile phone is among the documents that can be searched under section 7(3) of the Immigration Act 2004, however, the copying and retention of documents obtained from a mobile phone is not permitted under this section.
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Sobhy v the Chief Appeals Officer, Minster for Employment Affairs and Social Protection and the Attorney General

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Sobhy v the Chief Appeals Officer, Minster for Employment Affairs and Social Protection and the Attorney General
Respondent/Defendant:The Chief Appeals Officer, Minster for Employment Affairs and Social Protection, Ireland and the Attorney General
Court/s:Supreme Court
Citation/s:[2021] IESC 81
Nature of Proceedings:Appeal
Judgment Date/s:16 Dec 2021
Judge:Baker M
Category:Immigration law
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Migrant (Illegally resident / staying), Regularisation
Country of Origin:Mauritius
URL:https://www.courts.ie/acc/alfresco/202b8113-c263-4b55-9f17-01d39a3c6e3c/2021_IESC_81.pdf/pdf#view=fitH

Facts: The applicant, a national of Mauritius, arrived in Ireland in 2008 under a scheme to attract foreign students. She studied and worked in Ireland lawfully until 2012. A change in the scheme required the applicant to apply for a change of status. Her two applications were refused. The applicant continued to reside and work in Ireland without an immigration … Read More

Principles:Social welfare benefits under the Social Welfare Consolidation Act 2005 cannot accrue to a person who does not have a work permit or immigration permission to be in the State, despite making the relevant statutory contributions.
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Yeasin v Minister for Business, Enterprise and Innovation

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Yeasin v Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation, Ireland
Court/s:High Court
Citation/s:[2021] IEHC 821
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Dec 2021
Judge:Meenan C.
Category:Employment, Immigration law
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Employment of LEGALLY resident third-country national (Illegal), Illegal Stay, Non-EU National, Residence Permit
Country of Origin:People’s Republic of Bangladesh
URL:https://www.courts.ie/acc/alfresco/ce8bc5de-715b-467d-8727-572767e3c75a/2021_IEHC_821.pdf/pdf#view=fitH

Facts: The applicant, a national of Bangladesh, entered the State on the basis of a student permission. This permission remained valid until the applicant was granted a residence card as a qualifying family member of his EU citizen spouse. The marriage subsequently broke down and the spouse returned to their EU country of origin. The applicant wrote to the Minister … Read More

Principles:The Minister for Business, Enterprise and Innovation has discretion to issue an employment permit where the person does not hold a current immigration permission to be in the State.
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Muhammad Uzair Pervaiz v Minister for Justice and Equality

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Muhammad Uzair Pervaiz v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:Supreme Court
Citation/s:[2020] IESC 27
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:02 Jun 2020
Judge:Baker M
Category:Immigration law
Keywords:Family Member, Free Movement, Third-Country National
Country of Origin:Spain and non-EU (not specified)
URL:https://www.courts.ie/acc/alfresco/27a54a3d-420a-4c3f-a9a4-a87369f81de5/2020_IESC_27(Unapproved).pdf/pdf#view=fitH

Facts This appeal was primarily concerned with how the Minister was to approach an application by a third country national to be treated as a permitted family member by reason of being in a durable relationship with a Union citizen. Mr Pervaiz claimed to be in a committed relationship with a Spanish national who was exercising her EU Treaty Rights … Read More

Principles:The Citizens Directive was correctly transposed into Irish law in relation to the determination of applications by “permitted family members” of EU citizens. There was no requirement to provide detailed criteria in the legislation as to what constitutes a durable relationship duly attested.
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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 … Read More

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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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 … Read More

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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Luximon v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:Supreme Court
Citation/s:[2018] IESC 24
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:24 Apr 2018
Judge:MacMenamin J
Category:Immigration law
Keywords:Immigration, Migrant, Student
Country of Origin:Mauritius
URL:https://www.courts.ie/acc/alfresco/8a2e522b-f438-4344-963a-7247640c9911/2018_IESC_24_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicants were Mauritian citizens who came to Ireland lawfully on student permissions which were renewed periodically from time to time for several years. In 2011 the government adopted a new policy which placed a maximum time limit on how long students could remain in the State. The applicants subsequently applied to the Minister for a change of status … Read More

Principles:The Minister was obliged to consider constitutional and ECHR rights when deciding an application to vary permission under section 4(7) of the Immigration Act 2004.
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