Rana & Ali v Minister for Justice

EMNireland

Respondent/Defendant:Sangeeta Rana, Lehrasib Ali
Court/s:Supreme Court
Citation/s:[2024] IESC 46
Nature of Proceedings:Appeal
Judgment Date/s:18 Oct 2024
Judge:O’Malley, I., Dunne, E, Hogan, G., Collins, M., Donnelly A.
Category:Residence
Keywords:Free Movement, Good character, Regularisation, Residence Permit, Student, Union Citizen
Country of Origin:India, Pakistan
URL:https://www.courts.ie/acc/alfresco/8c4be3d7-0c16-4132-bbcc-d5aa817f2816/2024_IESC_46.pdf/pdf#view=fitH

Facts: Ms Rana and Mr Ali were in Ireland on student permissions. Upon their expiration, they each entered into what were later held to be marriages of convenience with EU citizens. They both held residence permissions in the State as spouses of EU citizens. Their permissions were both respectively revoked. Ms. Rana’s was revoked for entering into a marriage of … Read More

Principles:When assessing applications under the Special Scheme for Students and the good character and conduct criteria, it is not necessary for the decision-maker to reassess a question of gravity where a previous permission had been revoked for reasons relating to a marriage of convenience. In giving reasons, it is sufficient for a decision-maker to state that they have considered all the material before them, unless there is some evidence-based reasons for thinking otherwise.
Go Back

M v Minister for Justice

EMNireland

Respondent/Defendant:Minister for Justice
Citation/s:[2024] IEHC 105
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Feb 2024
Judge:O’Regan, M.
Category:Naturalisation
Keywords:Carltona Principle, Child Labour, Citizenship, Good character, Naturalisation
Country of Origin:South Africa
URL:https://www.courts.ie/acc/alfresco/5bad7f26-6c46-419e-84aa-da1e670683fa/2024_IEHC_105.pdf/pdf#view=fitH
References:Hussain v Minister for Justice [2011], WT & ors v Minister for Justice [2015]

Facts: The applicant, a South African national, moved to Ireland in 2001 and applied for a certificate of naturalisation in 2017. This was refused in 2022 on the grounds that the applicant did not meet all of the statutory conditions contained in section 15, Irish Nationality and Citizenship Act 1956 and specifically, the good character criterion. This was due to … Read More

Principles:Repeat offending even if over a protracted period of time can be understood as not in line with ordinary civic duties and responsibilities generally expected in order to meet good character requirements for a naturalisation application. The Carltona Principle, allowing the Minister to delegate powers, applies to decisions under section 15 of the Irish Nationality and Citizenship Act 1956.
Go Back