TA & ors v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2024] IEHC 694
Nature of Proceedings:Judicial review
Judgment Date/s:04 Dec 2024
Judge:O’Regan, M.
Category:Visa
Keywords:Child, Citizenship, Citizenship (Acquisition of), Family Life (Right to), Family Reunification, Family Unity (Right to), marriage
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/fc3cb44a-854a-4eca-9224-4fb186f1cda1/2024_IEHC_694.pdf/pdf#view=fitH

Facts: The husband is an Afghan national, who fled to Ireland in 2006 and naturalised as an Irish citizen in 2021. His wife, who he married in 1998, and four children were resident in Iran and then applied for international protection in Turkey in 2021. The wife and four children applied for long stay visas to come to Ireland in … Read More

Principles:When deciding on visa applications in the context of family reunification for a married couple, due regard should be had to the rights of the applicants under Article 41 of the Constitution, the ability of the couple to cohabit and due respect should be given to the institution of marriage.
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AA & ors v The Minister for Justice

EMNireland

Respondent/Defendant:The Minister for Justice
Nature of Proceedings:Appeal
Judgment Date/s:13 Mar 2024
Judge:Faherty M.
Category:Visa
Keywords:Employment, Employment (Highly Qualified), Visa
Country of Origin:Egypt
URL:https://www.courts.ie/ga/view/Judgments/9b6ce92e-8d90-4a0b-8a31-4c188a4ddc76/3d3d1c43-3f69-4a41-a923-cb79ce8551dc/2024_IECA_57.pdf/pdf

Facts: Mr A, the first named applicant, was an Egyptian national who was offered a job as a software application developer in Ireland. He was issued with a Critical Skills Employment Permit. The applicant, along with his wife and child, then applied for visas to enter Ireland. Whereas the issuance of employment permits falls under the remit of the Department … Read More

Principles:A decisions to refuse a visa applications must provide adequate reasons for each ground of refusal.
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NZ & ors v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice, Ireland
Court/s:High Court
Nature of Proceedings:Judicial Review
Judgment Date/s:03 Oct 2023
Judge:Phelan, S.
Category:Visa
Keywords:Charter of Fundamental Rights of the European Union, Child, Citizenship, European Convention on Human Rights (ECHR), Family (Nuclear), Family Reunification, Family Unity (Right to), Marriage of Convenience, Naturalisation, Visa
Country of Origin:Pakistan
URL:https://www.courts.ie/view/judgments/2c4a0156-96b1-4406-aea5-974d177175f8/47bd6fa5-1c6a-4229-b8f0-294d5fac50fa/2023_IEHC_545.pdf/pdf
Geographic Focus:Ireland, Pakistan

Facts: SMR was born in Pakistan and married an Irish national in 2004. In 2005, he moved to Ireland and he is now a naturalised Irish citizen. The couple had two children, who are Irish citizens. The applicant submitted that his marriage was subsequently dissolved in accordance with Pakistani law around 2011 and he has custody of the children. In … Read More

Principles:When deciding whether to issue a join family visa to the child of an Irish citizen, consideration must be given the child’s rights under Articles 40 to 42A of the Irish Constitution and a balancing exercise must be conducted between the child’s rights and the State’s interests and the common good.
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I.A.H. v Minister for Justice, Ireland and the Attorney General

EMNireland


I.A.H. v Minister for Justice, Ireland and the Attorney General
Respondent/Defendant:Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2023] IEHC 117
Nature of Proceedings:Judicial Review
Judgment Date/s:08 Mar 2023
Judge: Phelan S.
Category:Visa
Keywords:Country of Origin, European Convention on Human Rights (ECHR), Family Life (Right to), Family Reunification, Family Unity (Right to), Protection (Subsidiary), Visa
Country of Origin:Iraq
URL:https://courts.ie/acc/alfresco/944524e5-c5e2-4cb2-a71c-4408eff09ab5/2023_IEHC_117.pdf/pdf#view=fitH

Facts: The applicant is an Iraqi national who arrived in Ireland in 2011. She was granted subsidiary protection status in 2015 and in 2018 married an Iraqi national by proxy. She applied for a visa for him to join her in Ireland in 2019 under the Policy Document on Non-EEA Family Reunification. The Minister refused this application and the appeal … Read More

Principles:In considering an application for family reunification under the Policy Document on Non-EEA Family Reunification for a beneficiary of subsidiary protection, proper consideration must be given the impact on the applicant’s protection status and family life and ability to live together elsewhere.
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Mukovska v Minister for Justice and Minister for Foreign Affairs

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Mukovska v Minister for Justice and Minister for Foreign Affairs
Respondent/Defendant:Minister for Justice, Ireland and Minister for Foreign Affairs
Court/s:Court of Appeal
Citation/s:[2021] IECA 340
Nature of Proceedings:Appeal
Judgment Date/s:21 Dec 2021
Judge:Hunt T.
Category:Visa
Keywords:Overstay(er), Student, Visa
Country of Origin:Ukraine
URL:https://www.courts.ie/view/judgments/a9a730a3-241c-48e9-adc7-f17c36a9ff06/e49c3743-7700-4e03-ab81-ce2e2e582c46/2021_IECA_340%20(Unapproved).pdf/pdf

Facts: The appellant, a Ukrainian national, applied for a student visa for Ireland to attend an English language course. The visa application was refused on the grounds of, inter alia, insufficient finances and that the need to undertake the course was not demonstrated or warranted. The appellant’s appeal was also refused. The Appeal Officer’s refusal cited an additional reason for … Read More

Principles:Reasons, even if terse, short-form, broad and/or general, must nonetheless disclose the essential rationale of a decision, whether it is discretionary, or concerned with a benefit or privilege rather than a right or obligation. The level of detail that must be set out in reasons is dependent on and influenced by the nature of the decision in each case.
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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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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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TAR and IH 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 385
Nature of Proceedings:Judicial Review
Judgment Date/s:30 Jul 2014
Category:Visa
Keywords:Entry (Refusal of), Immigration, Visa
Country of Origin:Iraq
Geographic Focus:Ireland

Facts:The applicants were Iraqi nationals. The first named applicant was retired and his wife, the second named applicant, was a teacher. They sought visas from the Minister for Justice to enter Ireland to visit their son, a naturalised Irish citizen. Their application was refused. They unsuccessfully appealed the refusal. The Minister affirmed it and held that their obligations to return … Read More

Principles:

Reasons for refusing visa applications do not have to be lengthy, but they must express the basis upon which the applications have been refused in order that the unsuccessful applicants may understand them and decide whether or not to appeal or review them, and in order that a court may review them in any challenge.

If the Minister for Justice has concerns about the information provided in support of a visa application, it is prudent to raise this with an applicant before determining the application rather than refusing it and thereby encouraging an applicant to take legal proceedings.

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