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
NZ & ors v Minister for Justice
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 |
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. |