Ahmed v DPP

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Ahmed v DPP
Respondent/Defendant:The People (At the suit of the Director of Public Prosecutions)
Court/s:Court of Appeal
Citation/s:[2023] IECA 107
Nature of Proceedings:Appeal
Judgment Date/s:17 Apr 2023
Judge:Edwards J., McCarthy P., Kennedy I.
Category:Immigration, Trafficking
Keywords:Entry (Illegal), Trafficking in Human Beings
Country of Origin:Spain
URL:https://www.courts.ie/acc/alfresco/961a61ad-6b8a-450f-85fd-c622d42016a2/2023_IECA_107.pdf/pdf#view=fitH

Facts: In February 2021, the appellant arrived at Dublin Airport on a flight from Lisbon. He was stopped by a customs officer when leaving the airport as the officer thought it was unusual that the appellant did not have much luggage with him, and only essential travel was permitted at that time of the COVID-19 pandemic lockdown. Upon searching the … Read More

Principles:The facilitation of illegal entry to Ireland is a serious criminal offence and although coercion may not be involved, it still falls under section 2 of the Illegal Immigrations (Trafficking) Act 2000.
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Middelkamp v Minister for Justice and Equality

EMNireland


Middelkamp v Minister for Justice and Equality
Respondent/Defendant:Jaimee Middelkamp
Court/s:Supreme Court
Citation/s:[2023] IESC 2
Nature of Proceedings:Judicial Review
Judgment Date/s:01 Feb 2023
Judge:Hogan, G. 
Category:Immigration, Residence
Keywords:European Convention on Human Rights (ECHR), Family Life (Right to), Family Unity (Right to)
URL:www.courts.ie/acc/alfresco/c0c9c765-7099-4d6d-aefa-7b84d49ba5c1/2023_IESC_%202_%20Hogan%20J).pdf/pdf#view=fitH

Facts: The respondent is a Canadian citizen and her husband is also a Canadian national. In 2018, the respondent’s husband commenced a four-year dentistry course in University College Cork and obtained a student visa. The respondent entered the State under the Working Holiday Authorisation Scheme, with a non-renewable permission valid until 2020. At the end of 2019, she applied to … Read More

Principles:The Minister’s decision engaged the respondents’ right to respect for family life under Article 8(1) ECHR, but interference with this right was justified as being necessary in a democratic society for the purposes of Article 8(2).
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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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MKFS v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 48
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:24 Jul 2020
Judge:McKechnie W
Category:Immigration
Keywords:Family Member, Free Movement, Marriage of Convenience
Country of Origin:Pakistan, Latvia
URL:https://www.courts.ie/acc/alfresco/62731429-025f-485f-95c7-8ceb67c95d52/2020_IESC_48(Unapproved).pdf/pdf#view=fitH

Facts: The applicant was a Pakistani national who entered the State on 12th June 2009 on a visit visa. On 12th February 2000 he married a Latvian national who was resident in the State and exercising her EU Treaty Rights. On 27th April 2010 the applicant applied for a residence card under the European Communities (Free Movement of Persons) (No. … Read More

Principles:The Minister for Justice is entitled in the course of the deportation decision-making process to rely on an earlier, unchallenged finding that a marriage is one of convenience. However, he must nonetheless have regard, in operating that process, to the Article 8 rights of the applicants as founded on the underlying relationship between the parties.
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