SK v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2025] IEHC 231
Nature of Proceedings:Judicial review
Judgment Date/s:08 Apr 2025
Judge:Barr, A.
Category:Refugee Law
Keywords:Country of Origin, Family Reunification, Protection (Subsidiary)
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/942b249e-fbac-4ed7-bfcc-1afe6a2446ff/2025_IEHC_231.pdf/pdf#view=fitH

Facts: The applicant was an Afghan national who arrived in Ireland when he was 17. He was granted subsidiary protection in 2019. He applied for visas for his mother and five siblings to join him in Ireland pursuant to the non-EEA family reunification policy. The Minister refused the family reunification visa applications. The main refusal reasons included that the applicant … Read More

Principles:In deciding on applications for family reunification from subsidiary protection holders, particular regard must be had in the decision to the exception circumstances of the applicant and the humanitarian and safety situation in the country of origin.
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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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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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H.A. v Minister for Justice

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H.A. v Minister for Justice
Respondent/Defendant:H.A.
Court/s:Court of Appeal
Citation/s:[2022] IECA 166
Nature of Proceedings:Judicial Review
Judgment Date/s:22 Jul 2022
Judge: Donnelly A
Category:Asylum, Family Reunification, Refugee Law
Keywords:Asylum, Child, Family Reunification, Family Unity (Right to), Minor
Country of Origin:Somalia
URL:https://courts.ie/acc/alfresco/bc913491-38f9-446a-ba0f-6324d8b0c8ad/2022_IECA_166.pdf/pdf#view=fitH

 Facts: The respondent was a national of Somalia who was granted refugee status in Ireland. She applied for family reunification with her niece and nephew under section 56 of the International Protection Act 2015. Her niece and nephew are orphans and she had accepted responsibility for them. A ‘Declaration of Responsibility’ from Somalia was submitted in this regard.  The application … Read More

Principles:In a decision on a family reunification application, the Minister must consider evidence submitted as regards the relationship of a parent to the child, in this case, a Declaration of Responsibility. This should be referenced in the decision issued by the decision maker.
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SH and AJ v Minister for Justice, Ireland and the Attorney General

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Respondent/Defendant:Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2022] IEHC 392
Nature of Proceedings:Judicial Review
Judgment Date/s:27 Jun 2022
Judge:Ferriter C.
Category:International protection, Refugee Law
Keywords:Charter of Fundamental Rights of the European Union, Child, Discrimination (Indirect), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Minor
Country of Origin:Syria, Somalia
URL:https://www.courts.ie/acc/alfresco/80e83a63-c91b-47e7-a90d-99f4a672064e/2022_IEHC_392.pdf/pdf#view=fitH

Facts: SH was a Syrian national whose wife and three children resided in Syria. SH applied for international protection in Ireland in February 2020. There were delays in processing his case, including due to COVID-19. While awaiting an interview, one of SH’s sons turned 18. SH was granted refugee status in June 2021 and subsequently made a family reunification application … Read More

Principles:The delays experienced during the COVID-19 pandemic were exceptional and not unreasonable delays for processing an international protection application. The scope of the definition of family members eligible for family reunification under section 56 of the International Protection Act 2015 was a matter of policy choice by the legislature and not in breach of EU law, nor was it repugnant to the Constitution or the ECHR. Failure to inform a beneficiary of international protection of their right to family reunification promptly and in a language they can likely understand is in violation of Article 22 of the Qualification Directive 2004/83/EC
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MAM and KN v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 32
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:19 Jun 2020
Judge:MacMenamin J
Category:Refugee Law
Keywords:Citizenship, Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Somalia and Uzbekistan
URL:https://www.courts.ie/acc/alfresco/5233d3ad-29b9-4f07-9536-65eb166a1784/2020_IESC_32.pdf/pdf#view=fitH

Facts The issue raised in these proceedings was effectively whether a refugee who subsequently acquired Irish citizenship by naturalisation lost the right to family reunification pursuant to section 18 of the Refugee Act 1996. The evidence before the court was that between 2010 and 2017 the Minister for Justice accepted applications for family reunification from refugees who had acquired Irish … Read More

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X v Minister for Justice

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X v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 30
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:09 Jun 2020
Judge:Dunne E
Category:Refugee Law
Keywords:Child, Family Reunification, Minor, Refugee
Country of Origin:Cameroon
URL:https://www.courts.ie/acc/alfresco/8e8e0650-abef-4c54-91d9-48b06e388d74/2020_IESC_30(Unapproved).pdf/pdf#view=fitH

Facts The issue at the heart of this appeal was the extent or breadth of the definition of “child” for the purpose of refugee family reunification and whether that definition could include a minor who is not a biological or adopted child of the applicant. The High Court ([2019] IEHC 284) held that the term “child” in section 56(9) of … Read More

Principles:For the purposes of refugee family reunification, the term “child” in section 56(9) of the International Protection Act 2015 is limited to a biological or adoptive child.
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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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A and S v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 547
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:17 Jul 2019
Judge:Barrett M
Category:Refugee Law
Keywords:Discrimination (Direct), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Iraq and Afghanistan
URL:courts.ie/view/judgments/a1ff7c8a-9c39-4411-b49d-a0a316a83c36/69965e47-beb6-4eda-8ef4-4f8df5726dd1/2019_IEHC_547_1.pdf/pdf

Facts: The applicants were Iraqi and Afghan nationals who were granted refugee status in the State. They each subsequently applied for family reunification for their wives. The Minister for Justice refused the applications on the basis that section 56(9)(a) of the International Protection Act 2015 only provided for refugee family reunification for spouses where the marriage pre-dated the application for … Read More

Principles:The exclusion of post-flight marriages from the statutory right to family reunification in section 56(9)(a) of the International Protection Act 2015 is unconstitutional.
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MAM and KN v Minister for Justice

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MAM and KN v Minister for Justice
Respondent/Defendant:Minister for Justice
Court/s:Court of Appeal
Citation/s:[2019] IECA 116
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:29 Mar 2019
Category:Refugee Law
Keywords:Citizenship, Family Reunification, Refugee
Country of Origin:Somalia and Uzbekistan
URL:https://www.courts.ie/acc/alfresco/0d59dddf-24bc-4f10-9b06-6e9055bdfc78/2019_IECA_116_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts The issue raised in these proceedings was effectively whether a refugee who subsequently acquires Irish citizenship by naturalisation lost the right to family reunification pursuant to section 18 of the Refugee Act 1996. The evidence before the court was that between 2010 and 2017 the Minister for Justice accepted applications for family reunification from refugees who had acquired Irish … Read More

Principles:A refugee who has acquired Irish citizenship by naturalisation is no longer eligible for refugee family reunification.
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RC v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2019] IEHC 65
Nature of Proceedings:Appeal/Judicial Review
Judgment Date/s:15 Feb 2019
Judge:Humphreys R
Category:Refugee Law
Keywords:Discrimination (Direct), European Convention on Human Rights (ECHR), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Afghanistan
URL:https://www.courts.ie/acc/alfresco/bd8e4e01-f677-46fd-b565-affc6965ec4a/2019_IEHC_65_1.pdf/pdf#view=fitH

Facts: The applicant was a national of Afghanistan who was granted subsidiary protection in Ireland in 2016. He subsequently applied for family reunification for his wife whom he married in 2017. The Minister for Justice refused the application on the basis that section 56(9)(a) of the 2015 Act only provided for refugee family reunification for spouses where the marriage pre-dated … Read More

Principles:The exclusion of post-flight marriages from the statutory right to family reunification in section 56(9)(a) of the International Protection Act 2015 is not unlawful.
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FB 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:[2018] IEHC 716
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Dec 2018
Judge:Keane D.
Category:Refugee Law
Keywords:Child, Family Life (Right to), Family Reunification, Family Unity (Right to), Refugee
Country of Origin:Nigeria
URL:https://www.courts.ie/acc/alfresco/6791ea72-531a-453a-810b-88cbad9da038/2018_IEHC_716_1.pdf/pdf#view=fitH

Facts: The applicant was a 75 year old Nigerian national who arrived in the State in 2005 and claimed asylum. She was recognised as a refugee in 2008 and in 2012 became a naturalised citizen. The applicant applied for family reunification with her granddaughters who were dependant upon her. The application was refused by the Minister and the applicant brought … Read More

Principles:It was incumbent on the Minister to consider the concrete reality of the relationship between the persons concerned and the extent to which it was one of “de facto family ties” protected by the right to family life under Article 8 of the Convention, and to set out the Minister’s reasoning on that issue expressly in the decision.
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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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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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AMS 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 57
Nature of Proceedings:Judicial Review
Judgment Date/s:13 Feb 2014
Judge:MacEochaidh J.
Category:Refugee Law
Keywords:Family Reunification, Refugee
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/c990efd3-4f8c-446c-a2c7-4907a19c067a/2014_IEHC_57_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicant was a Somali national, recognised as a refugee in Ireland, who applied for family reunification with his mother, wife, daughter, two sisters and two brothers under s. 18(4) of the Refugee Act 1996, which provides:- “(a) The Minister may, at his or her discretion, grant permission to a dependent member of the family of a refugee to … Read More

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AAM v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2013] IEHC 68
Nature of Proceedings:Judicial Review
Judgment Date/s:15 Dec 2013
Judge:Clark J.
Category:Refugee Law, Residence
Keywords:Dependant, Entry (Refusal of), Family Reunification, Refugee, Residence
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/abc8f4a8-c6d0-4f06-9af0-c08a0011f4dd/2013_IEHC_68_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant, a national of Somalia, had been granted refugee status in the State, and he applied for family reunification pursuant to Section 18 of the Refugee Act 1996 with his mother and four siblings, who lived in a camp in Somalia. He sent them approximately €157 per month. Whilst the Minister accepted the claimed family relationship, his application … Read More

Principles:

In deciding applications for family reunification made on the basis of dependency, it is not a relevant consideration when deciding on the issue of dependency that the applicant may not be able to maintain the family members who are the subjects of the application in the State. Additionally, when considering whether or not financial transfers made by the applicant to the subjects of the application tend to show that they are dependent on him or her, it is appropriate to use some kind of “yardstick” by reference to which the likely impact of such transfers on the subjects can be measured. The lack of such a “yardstick” may mean that any refusal to accept that the transfers give rise to a situation of dependency would be set aside for want of a rational basis.

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A v Minister for Justice [2013] IEHC 356

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Respondent/Defendant:Minister for Justice
Court/s:High Court
Citation/s:[2013] IEHC 356, 19 July 2013
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Jul 2013
Judge:MacEochaidh J.
Category:Refugee Law, Residence
Keywords:Dependant, Entry (Refusal of), Family Reunification, Refugee, Residence
Country of Origin:Iraq
URL:https://www.courts.ie/acc/alfresco/6e3cfc21-3574-48f1-92f4-b36b2efaf939/2013_IEHC_356_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was an Iraqi national who had been granted refugee status in the State. He made a family reunification application in respect of his parents and two sisters, pursuant to Section 18 of the Refugee Act 1996, which gives the Minister for Justice discretion to grant permission to a dependent member of the family of a refugee to … Read More

Principles:

In determining applications for family reunification based on dependency, the Minister is obliged to have regard to all of the evidence relating thereto, including any evidence showing that the subjects of the application are not able to maintain themselves fully or of transfer of funds from the applicant to the subject of the application. Determinations  refusing applications for family reunification must be properly reasoned, and if they are based on errors of fact or speculation,  they are liable to be set aside by the court.

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Hamza v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Supreme Court
Citation/s:[2013] IESC 9
Nature of Proceedings:Appeal
Judgment Date/s:20 Feb 2013
Judge:Fennelly J. (Denham CJ, Murray, Hardiman and Clarke JJ. concurring)
Category:Refugee Law, Residence
Keywords:Charter of Fundamental Rights of the European Union, Family Reunification, Refugee, Residence
Country of Origin:Sudan
URL:https://www.courts.ie/acc/alfresco/76696c85-52c2-425f-9edc-62942e421d41/2013_IESC_9_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The first applicant was a national of Sudan who had been granted refugee status. He applied to the Minister for Justice pursuant to s. 18 of the Refugee Act 1996 for family reunification with his spouse, the second named applicant. In the course of his application he submitted a certificate which indicated that the marriage had taken place by … Read More

Principles:

The question of whether a person the subject of an application for family reunification is the spouse of the applicant, as alleged, is a matter for the Minister for Justice to decide. A marriage contracted in a foreign country which complies with the requirements of the laws of that country, the lex loci celebrationis, is valid under Irish law, unless it conflicts with fundamental requirements relating to validity, such as incapacity to marry. Proxy marriages validly contracted under foreign law are therefore valid under Irish law, unless the existence of a fundamental requirement relating to validity is shown to exist.

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Hassan v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Supreme Court
Citation/s:[2013] IESC 8
Nature of Proceedings:Appeal
Judgment Date/s:20 Feb 2013
Judge:Fennelly J. (Denham CJ, Murray, Hardiman and Clarke JJ. concurring) Murray J.
Category:Refugee Law, Residence
Keywords:Family Reunification, Refugee, Residence
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/74b8fd98-9cfd-4da0-acab-704ad36f9366/2013_IESC_8_2.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The first applicant was a national of Somalia and was granted refugee status. He then applied to the Minister for Justice pursuant to Section 18 of the Refugee Act 1996 for family reunification with his alleged spouse, the second applicant. He indicated in his application that his marriage was religious in nature but he was unable to provide any … Read More

Principles:

The question of whether a person the subject of an application for family reunification is the spouse of the applicant, as alleged, is a matter for the Minister for Justice to decide. A marriage contracted in a foreign country which complies with the requirements of the laws of that country, the lex loci celebrationis, is valid under Irish law, unless it conflicts with fundamental requirements relating to validity, such as incapacity to marry. A decision made by the Minister must be based on all the evidence submitted. A lack of formal proof of the marriage is a matter in respect of which the Minister is entitled to seek an explanation, and must take any explanation into account in deciding whether or not a marriage subsists. He must also take into account any evidence which suggests that the parties have cohabited as a married couple.

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