Facts The second applicant was a Chinese national who arrived in the State on a student visa in 2004. She met a Hungarian national in 2005 and they married in 2006. She was subsequently granted permission to remain in the State for a five-year period under the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 as the wife … Read More
Wang (a minor) v Minister for Justice and Law Reform
Respondent/Defendant: | Minister for Justice and Law Reform |
Court/s: | High Court |
Citation/s: | [2012] IEHC 311 |
Nature of Proceedings: | Judicial Review |
Judgment Date/s: | 23 Jul 2013 |
Judge: | Cooke J |
Category: | EU Treaty Rights, Residence |
Keywords: | Adult, Child, Dependant, EU Treaty Rights, Family Formation, Family Member, Freedom of Movement (Right to), Member State (Remain in the), Minor, Non-EU National, Non-national, Residence, Residence Permit, Union Citizen |
Country of Origin: | China / Hungary |
URL: | https://www.courts.ie/acc/alfresco/86f5c09d-0e67-49c9-a8bd-7b4b05b39981/2012_IEHC_311_1.pdf/pdf#view=fitH |
Geographic Focus: | Ireland |
Principles: | It was not arguable that a parent could claim to be a dependent of a three year old EU citizen child and an adult could not be the dependent of a child. It was arguable that a parent might be considered a member of the household of a minor EU citizen and the term household was open to the interpretation that if one individual is an EU citizen all members of the group could be regarded as equal members of the household. In applying the Chen principles and considering the question of self-sufficiency within those principles, it must be clear what test of self-sufficiency the Minister was applying. The Minister must reach a reasonable and proportionate conclusion in assessing an application as to whether the Chen conditions are met. |