Rana & Ali v Minister for Justice

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Respondent/Defendant:Sangeeta Rana, Lehrasib Ali
Court/s:Supreme Court
Citation/s:[2024] IESC 46
Nature of Proceedings:Appeal
Judgment Date/s:18 Oct 2024
Judge:O’Malley, I., Dunne, E, Hogan, G., Collins, M., Donnelly A.
Category:Residence
Keywords:Free Movement, Good character, Regularisation, Residence Permit, Student, Union Citizen
Country of Origin:India, Pakistan
URL:https://www.courts.ie/acc/alfresco/8c4be3d7-0c16-4132-bbcc-d5aa817f2816/2024_IESC_46.pdf/pdf#view=fitH

Facts: Ms Rana and Mr Ali were in Ireland on student permissions. Upon their expiration, they each entered into what were later held to be marriages of convenience with EU citizens. They both held residence permissions in the State as spouses of EU citizens. Their permissions were both respectively revoked. Ms. Rana’s was revoked for entering into a marriage of … Read More

Principles:When assessing applications under the Special Scheme for Students and the good character and conduct criteria, it is not necessary for the decision-maker to reassess a question of gravity where a previous permission had been revoked for reasons relating to a marriage of convenience. In giving reasons, it is sufficient for a decision-maker to state that they have considered all the material before them, unless there is some evidence-based reasons for thinking otherwise.
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Middelkamp v Minister for Justice and Equality

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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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P v the Minister for Business, Enterprise and Innovation

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P v the Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation, Ireland
Court/s:High Court
Citation/s:[2021] IEHC 609
Nature of Proceedings:Judicial review
Judgment Date/s:30 Jul 2021
Judge:Barrett M.
Category:Employment, EU Treaty Rights, Residence
Keywords:Employment, Employment of ILLEGALLY resident third-country national (Illegal), Non-EU National, Residence Permit, Third-Country National
URL:https://www.courts.ie/acc/alfresco/b0d2c886-bd5e-469b-b142-8e71c4698344/2021_IEHC_609.pdf/pdf#view=fitH

Facts: Mr P, a third-country national, initially applied to remain in Ireland as a permitted family member of an EU citizen. This application was refused and Mr P was in the process of seeking a review of this decision. As a result, Mr P did not have a permission to remain in the State. He applied for a General Employment … Read More

Principles:The Minister cannot refuse an application for a General Employment Permit on the ground that a person does not hold an immigration permission in the State, without examining the specific circumstances of the case and where there is no specific and relevant policy on examining applications for employment permits from persons without an immigration permission.
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AB v Road Safety Authority

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Respondent/Defendant:Road Safety Authority
Court/s:High Court
Citation/s:[2021] IEHC 217
Nature of Proceedings:Appeal
Judgment Date/s:25 Mar 2021
Judge:Creedon E
Category:International protection, Residence
Keywords:Asylum Applicant, Discrimination (Indirect), Residence Document, Residence Permit
Country of Origin:India
URL:https://www.courts.ie/acc/alfresco/a6f51761-a591-46b8-8d2c-299e8fb6f7df/2021_IEHC_217.pdf/pdf#view=fitH

Facts: AB applied for international protection in Ireland in 2015. AB lived in Munster and worked in Co. Dublin. AB was unable to move to Dublin due to a lack of direct provision accommodation in that area. AB held a Temporary Residence Certificate (TRC) under s. 16(1) of the International Protection Act 2015, which allowed her to remain in the … Read More

Principles:A person who is present in the State as an applicant for international protection is not “normally resident” in the State for the purposes of an application for a learner driver’s permit. The refusal of the permit on this basis did not constitute discrimination on grounds of race.
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Hossain v Minister for Business, Enterprise and Innovation

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Hossain v Minister for Business, Enterprise and Innovation
Respondent/Defendant:Minister for Business, Enterprise and Innovation
Court/s:High Court
Citation/s:[2021] IEHC 152
Judgment Date/s:03 Mar 2021
Judge:Barr A.
Category:Employment, EU Treaty Rights, Residence
Keywords:Employment, Employment of LEGALLY resident third-country national (Illegal), Employment Permit, Residence Permit
Country of Origin:Bangladesh
URL:www.courts.ie/view/judgments/f2a4e33c-038a-41a3-abd3-0442605c3c72/37ebbbfc-2aaf-4f1b-9f83-4a47e10cd612/2021_IEHC_152.pdf/pdf

Facts: The applicant, a national of Bangladesh, was initially in Ireland as the spouse of an EU citizen. He held a Stamp 4 on this basis. The marriage subsequently broke down. Prior to the expiry of the applicant’s Stamp 4 permission, he applied for an employment permit. This application was refused on the grounds that at the time of application, … Read More

Principles:A person who holds a valid immigration permission is not precluded from applying for an employment permit.
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T.P. v Minister for Justice and Equality

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T.P. v Minister for Justice and Equality
Respondent/Defendant:Minister for Justice and Equality
Court/s:Court of Appeal
Citation/s:[2021] IECA 50
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:22 Feb 2021
Judge:Faherty J.
Category:International protection, Residence
Keywords:Deportation, European Convention on Human Rights (ECHR), Family Life (Right to), Family Member, Family Unity (Right to), Final Decision, Leave to Remain
Country of Origin:Nigeria
URL:www.courts.ie/view/judgments/c7b41c59-f483-4f5b-a629-77963774b876/0a282be6-4bdd-4b8a-a990-e0dac15eae1a/2021_IECA_50%20(Unapproved).pdf/pdf

Facts: The appellant, a Nigerian national, arrived in Ireland in February 2013. He applied for international protection, but this application was unsuccessful. In October 2016, the appellant applied for leave to remain pursuant to section 3 of the Immigration Act 1999, as amended. He had been in a relationship with his partner, a Zimbabwean national, since 2013. His partner’s application … Read More

Principles:The threshold for substantial grounds for judicial review of a refusal of an application for leave to remain was met where the Minister was presented with a person’s de facto family situation and the prospect that their de facto family members were likely to be granted leave to remain were not considered in the requisite weighing exercise undertaken when deciding to issue a deportation order.
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Gorry, Ford and ABM v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:Court of Appeal
Citation/s:[2017] IECA 280, 281 and 282
Nature of Proceedings:Judicial Review / Appeal
Judgment Date/s:27 Oct 2017
Judge:Finlay Geoghegan M.
Category:Residence
Keywords:Deportation Order, Family Life (Right to), Family Unity (Right to), Immigration, Non-EU National, Residence, Third-Country National, Union Citizen
Country of Origin:Nigeria/Ireland
URL:https://www.courts.ie/acc/alfresco/8c53548e-e3f1-46bd-9973-8b3f13d31f52/2017_IECA_280_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: In each of these cases, one of the applicants was an Irish citizen and was married to the other applicant who is a foreign national. The marriages in question either took place in Ireland or Nigeria, and all three were recognised by the Minister as lawful marriages. Each application for judicial review sought an order of certiorari of an … Read More

Principles:

The Minister did not consider the constitutional rights of the applicants in accordance with law, in particular

  1. the guarantee given by the State in Art.41.1.2° to protect the family in its constitution and authority;
  2. a recognition that the applicants in each case were a family, a fundamental unit group of society possessing inalienable and imprescriptible rights which rights included a right to cohabit which was also an individual right of the citizen spouse which the State must, as far as practicable, defend and vindicate (Art.41.1 and Art.40.3.1°);
  3. a recognition that the decision that the family should live in Ireland was a decision which they had the right to take and which the State had guaranteed in Art.41.1 to protect; and
  4. a recognition of the right of the Irish citizen to live at all times in Ireland as part of what Art.2 refers to as the “birth right . . . to be part of the Irish Nation” and the absence of any right of the State (absent international obligations which do not apply) to limit that right.

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Rughoonauth v Minister for Justice and Equality (No.2)

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2017] IEHC 241
Nature of Proceedings:Judicial Review
Judgment Date/s:24 Apr 2017
Category:Residence
Keywords:Deportation, European Convention on Human Rights (ECHR), Immigration, Non-national, Residence, Student
URL:https://www.courts.ie/acc/alfresco/cb16d5cf-2121-4204-954c-7e3966b4afde/2017_IEHC_241_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicants were students from Mauritius who entered the State on student permissions in 2008 which were renewed for over four years but then expired and the applicants thereafter remained in the State without permission. The Minister made deportation orders against them which rejected their assertions that they had acquired private life rights in the State by reason of … Read More

Principles:

Non-nationals who are resident in the State on student permissions should not be regarded as settled migrants.

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Nwosu v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2017] IEHC 372
Nature of Proceedings:Judicial Review
Judgment Date/s:10 Mar 2017
Judge:Faherty M.
Category:Residence, Visa
Keywords:Family Member, Family Reunification, Immigration, Residence, Third-Country National, Visa
Country of Origin:Nigeria / Ireland
URL:https://www.courts.ie/acc/alfresco/46fee6b0-13c3-4252-8513-389ea29706a0/2017_IEHC_372_1.pdf/pdf#view=fitH

Facts: The first named applicant was a health care worker and an Irish citizen. The second named applicant was a business owner and a Nigerian citizen. The first named applicant was born in Nigeria but moved to Ireland in 2002. In 2008, she was granted three years permission to remain in the State. In her grounding affidavit, the first named … Read More

Principles:

The Minister was entitled to refuse an application for a join spouse visa on the basis that the applicants did not meet the minimum income threshold set out in the  INIS Policy Document on non-EEA Family Reunification and therefore finding that the grant of the visa was likely to put pressure on the family’s financial resources with the likelihood of a cost to public funds and public resources.  

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WS v Minister for Justice and Equality

Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2017] IEHC 128
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Feb 2017
Judge:O'Regan M.
Category:Residence
Keywords:Deportation Order, European Convention on Human Rights (ECHR), Family Life (Right to), Immigration, Non-national, Residence, Student, Visa
Country of Origin:Malaysia
URL:http://courts.ie/Judgments.nsf/0/36BBA683D8E20E90802580F0005A4B79
Geographic Focus:Ireland

Facts:  The applicant was a Malaysian citizen who arrived initially in Ireland in 2007 with his wife. They had secured a visitors’ permission to remain for 90 days, however they outstayed this period by approximately 2 years when they returned to Malaysia in 2009. In July 2009 the applicant secured a 1 year valid student visa and his wife and … Read More

Principles:

The conditions attached to a student visa did not preclude such a person from being considered to be a settled migrant for the period for which they have permission.

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Balchand v Minister for Justice

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Respondent/Defendant:Minister for Justice
Citation/s:[2016] IECA 383
Nature of Proceedings:Appeal
Judgment Date/s:15 Dec 2016
Judge:Finlay Geoghegan J.
Category:Residence
Keywords:Immigration, Regularisation, Residence, Residence Permit, Student
Country of Origin:Mauritius
URL:https://www.courts.ie/acc/alfresco/e23dd69e-8b80-4b5e-955e-6b6522fde01e/2016_IECA_383_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The first named applicant was a Mauritian national who arrived in the State on the 7 December 2006 and was granted an immigration permission on student conditions (generally referred to as “stamp 2” conditions or permission). He married the second named applicant, who was also a Mauritian national, and shortly thereafter she also arrived in the State and was … Read More

Principles:

The decision in Luximon confirms that the provisions of the Irish Constitution regarding private and family life rights and similar rights under Article 8 of the European Convention of Human Rights must be considered by the Minister when assessing an application for change of immigration status under section 4(7) of the Immigration Act 2004.

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Luximon v Minister for Justice

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Respondent/Defendant:Minister for Justice
Citation/s:[2016] IECA 382
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Dec 2016
Judge:Finlay Geoghegan J.
Category:Residence
Keywords:Immigration, Protection (International), Regularisation, Residence, Residence Permit, Student
Country of Origin:Mauritius
URL:https://www.courts.ie/acc/alfresco/8fa3faf7-d874-4a36-914c-4354fad01088/2016_IECA_382_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a Mauritian citizen who came to Ireland in July 2006 on an student permission. This permission was renewed  from time to time until June 2012. In October 2012 she applied for a change of status to regularise her position in the State, which would effectively allow her continue to reside in Ireland without the requirement that … Read More

Principles:

The decision in Luximon confirms that the provisions of the Irish Constitution regarding private and family life rights and similar rights under Article 8 of the European Convention of Human Rights must be considered by the Minister when assessing an application for change of immigration status under section 4(7) of the Immigration Act 2004.

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AB v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice
Citation/s:[2016] IECA 48
Nature of Proceedings:Appeal
Judgment Date/s:26 Feb 2016
Judge:Ryan S.
Category:Residence
Keywords:Residence
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/35b6361f-dfe3-4044-88dc-ebbab38303b3/2016_IECA_48_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was a Pakistani national. Her daughter and son-in-law lived lawfully in Cork with their two Irish citizen daughters who were born, respectively, in 2010 and 2011. She came to Ireland on a visitor visa lasting for 90 days from the date of issue in April 2011 and was here for the birth of her daughter’s second child. … Read More

Principles:

The decision of the Court of Appeal in AB v Minister for Justice confirms that a person who is unlawfully in the State has no right to make a freestanding application for permission to be in the State outside of section 3 of the Immigration Act 1999.

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Ford and Another v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 720
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Nov 2015
Judge:Eagar J.
Category:Residence, Visa
Keywords:Residence, Visa
Country of Origin:Ireland and Nigeria
URL:https://www.courts.ie/acc/alfresco/51d7377f-7996-45cd-ac33-6a4c18793bb7/2014_IEHC_123_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants were a married couple. The first applicant, the wife, was an Irish national. She had three children from another relationship who were all Irish citizens and aged approximately 21, 12 and 6. Her husband was a Nigerian national. She was introduced to him by a mutual friend in or around 2010 and they maintained contact via telephone … Read More

Principles:

This decision emphasises the extent to which novel means of communication, such as social media, can be important in establishing the existence of article 8 ECHR rights and similar constitutional rights for the purpose of making immigration-related applications, such as an application to join a spouse or, in the context of international protection, an application for family reunification. The decision also indicates that, when assessing such applications and the “family rights” at play,, decision-makers should give proper regard to the provisions of the Constitution, and not restrict their focus to article 8 ECHR.

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Li v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 638
Nature of Proceedings:Judicial Review
Judgment Date/s:21 Oct 2015
Judge:Humphreys J.
Category:Residence, Visa
Keywords:Immigration, Residence, Visa
Country of Origin:China
URL:https://www.courts.ie/acc/alfresco/c5061a65-2dd5-4732-babc-35e8ba7a395b/2015_IEHC_638_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants were Chinese nationals who were married and had an adult daughter, who married an Irish citizen in May 2011 and obtained Irish residency thereafter. In 2012 the applicants obtained a 90 day visitor’s visa to come to Ireland to visit their daughter. They returned to China immediately before the visa expired. They subsequently applied for a further … Read More

Principles:

Where a visa-required national enters the State and wishes to remain on its territory after the expiry of the visa, he or she is required, upon or before expiry of that visa, to leave the State and make an application to re-enter it from outside its territory.

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Sandu v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 683
Nature of Proceedings:Judicial Review
Judgment Date/s:31 Jul 2015
Judge:MacEochaidh J.
Category:EU Treaty Rights, Residence
Keywords:EU Treaty Rights, Removal Order, Residence
Country of Origin:Romania
URL:https://www.courts.ie/acc/alfresco/f83deff3-63b2-41dd-9b97-7a7066b1b924/2015_IEHC_683_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Romanian national who sought asylum in Ireland on the 26 March 2001, as did his girlfriend, who was also Romanian, and gave birth to a child in Ireland, who was a citizen by operation of law. They subsequently withdrew their applications for asylum and applied to the Minister for Justice for permission to remain on … Read More

Principles:

When deciding whether or not a person has accumulated 10 years’ residence in the State for the purpose of acquiring enhanced protection from expulsion under Article 28(3) of the Citizens’ Directive, the Minister for Justice must count back from the date upon which the removal order was made in order to ascertain if the necessary period of residence has been completed.

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AGA and Another v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 469
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Jul 2015
Judge:Stewart J.
Category:Residence
Keywords:Child, Family Life (Right to), Minor, Residence
Country of Origin:United Kingdom and Nigeria
URL:https://www.courts.ie/acc/alfresco/bd762853-57c9-4297-bf9e-16e9066bb537/2015_IEHC_469_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants, who were mother and daughter, sought to quash a decision of the Minister for Justice whereby she refused the first applicant’s application for residency, which was based on the decision of the Court of Justice of the European Union (CJEU) in C-200/02 Zhu and Chen. They claimed that the second applicant was a national of the United … Read More

Principles:

In deciding whether a primary carer of a minor (who is a citizen of the European Union) has sufficient resources, the Minister for Justice is entitled to investigate whether such resources exist and inquires into their amount and availability.

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Ogieriakhi v Minister for Justice and Others (No. 2)

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Respondent/Defendant:Minister for Justice and Equality, Ireland, Attorney General and An Post
Court/s:High Court
Citation/s:[2014] IEHC 582
Nature of Proceedings:First instance
Judgment Date/s:22 Dec 2014
Judge:Hogan J.
Category:Employment, EU Treaty Rights, Residence
Keywords:Employee, Employer, Employment, EU Treaty Rights, First instance, Free Movement, Residence
Country of Origin:Nigeria / Ireland (naturalised Irish citizen)
URL:https://www.courts.ie/acc/alfresco/290f664d-7b03-492c-8bc9-421de9ab14a5/2014_IEHC_582_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The plaintiff was a naturalised Irish citizen of Nigerian origin. In October, 2007, he was dismissed from his employment as a postal sorter with An Post on the sole ground that he could not establish at the time to the satisfaction of his employer that he had the right to work in Ireland. In High Court proceedings for damages … Read More

Principles:

In order to bring a damages claim against a Member State like Ireland for breach of EU law under the European Court of Justice’s (ECJ) 1991 decision in Francovich, the breach must be sufficiently serious. In deciding whether or not this is so, the court must determine whether or not the Member State concerned manifestly and gravely disregarded the limits of its discretion. In examining that question, the criteria which national courts may take into account include the degree of clarity and precision of the rule infringed. In general, any loss incurred as a result of a breach must be mitigated. Where loss has occurred due to breach of property rights, Francovich provides an adequate remedy and it is not necessary to compensate the injured party by reference to the property rights provisions of the Constitution of 1937. Nonetheless, recourse to other remedies, such as constitutional protection of the right to one’s good name, may be relevant and obtainable in a given case.

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FB v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 427
Nature of Proceedings:Judicial Review
Judgment Date/s:05 Sep 2014
Judge:Barr J.
Category:Refugee Law, Residence
Keywords:Dependant, Family Reunification, Refugee, Residence
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/bf1d07a3-4778-4602-9396-1f1df5807ca4/2014_IEHC_427_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was an elderly Nigerian national who had been granted refugee status in Ireland. She applied for family reunification with two alleged granddaughters who were said to have been dependent on her in Nigeria, pursuant to s. 18(4) of the Refugee Act 1996. She claimed that she had left them in the care of an individual when she … Read More

Principles:

In assessing whether a person is dependent on an applicant for family reunification pursuant to s. 18(4) of the Refugee Act 1996, regard must not be had solely to considerations of financial dependence.

Where financial dependence is considered, it will not necessarily be sufficient to consider the average income in the subject of the application’s country of origin with a view to determining the extent to which remittances from the applicant give rise to dependence. Financial burdens on the subject, and the extent to which they are alleviated by the remittances, also need to be considered.

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OA and Another v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 384
Nature of Proceedings:Judicial Review
Judgment Date/s:30 Jul 2014
Judge:Barr J.
Category:Residence
Keywords:Free Movement, Minor, Non-EU National, Residence
Country of Origin:Kenya
URL:https://www.courts.ie/acc/alfresco/162b6ca0-95c8-4dff-a865-2bf56323fdff/2014_IEHC_384_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The first named applicant was a Kenyan national who arrived in Ireland with her infant daughter and applied unsuccessfully for asylum. Shortly after her arrival in Ireland, she met a Nigerian-born German national, and they began a relationship. She became pregnant with his child, the second named applicant, who was born in 2010 and was a German national by … Read More

Principles:

In assessing whether the primary carer of a Union citizen has sufficient resources for the purpose of establishing whether or not he or she obtains a derivative right of residence pursuant to the decision of the ECJ /CJEU in C-200/02 Chen,  the resources do not have to be extant at the time of the primary carer’s application for residence and, in particular, they can be held to exist if the primary carer can obtain them by taking up employment. It therefore follows that a grant of permission pursuant to Chen must be on the basis of stamp 4 conditions, i.e. include the right to work.

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