A, S and I v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 70
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:08 Dec 2020
Judge:Dunne E
Category:Refugee Law
Keywords:Child (Separated), Family (Nuclear), Family Unity (Right to), Protection (International), Refugee
Country of Origin:Afghanistan, Iraq, Nigeria
URL:https://www.courts.ie/acc/alfresco/d0eae3ec-52c2-41af-8f01-f97a34a2d5ab/2020_IESC_70_Dunne%20J.pdf/pdf#view=fitH

Facts: The first and second applicants were recognised refugees whose applications for family reunification with their wives were refused on the basis that their marriages took place after they had applied for international protection. They challenged the constitutionality and/or ECHR compatibility of section 56(9)(a) of the International Protection Act 2015 (which limits the right of family reunification to spouses where … Read More

Principles:The limitation of the right to family reunification to spouses whose marriages took place prior to submission of an application for international protection was neither unconstitutional nor in breach of the ECHR. The absolute 12 month time limit for submission of an application for family reunification was neither unconstitutional nor in breach of the ECHR.
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II v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 729
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:29 Oct 2019
Judge:Humphreys R
Category:Refugee Law
Keywords:Child (Separated), Discrimination (Direct), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/08ccbb41-7ed2-47cc-b904-f7422dbbe652/2019_IEHC_%20729_%201.pdf/pdf#view=fitH

Facts: The applicant was granted refugee status as a minor on 25 September 2014. In July 2018, when the applicant was aged 17, an application for family reunification in respect of her mother, father and sister was submitted by her social worker. In September 2018 the application was refused by the Minister for Justice on the basis that it had … Read More

Principles:Section 56(8) of the International Protection Act 2015 was not repugnant to the Constitution or incompatible with the European Convention on Human Rights.
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