E.M. v The Minister for Justice and Equality

EMNireland

Respondent/Defendant:The Minister for Justice and Equality
Court/s:Supreme Court
Nature of Proceedings:Appeal
Judgment Date/s:21 Feb 2024
Judge:Dunne, E.
Category:Deportation
Keywords:Asylum (Application for), Deportation, Deportation Order, Employee, Employment, Marriage of Convenience
Country of Origin:Pakistan
URL:https://www.courts.ie/acc/alfresco/2bd0e600-cc08-45e4-b2cc-a8e58bf44ca4/2024_IESC_3.pdf/pdf#view=fitH
References:MAH v Minister for Justice [2021] IEHC 302, ANA v Minister for Justice [2021] IEHC 589, Huang v Minister for Justice [2021] IEHC 630, and Talukder v Minister for Justice [2021] IEHC 835. P.N.S. v. Minister for Justice [2020] IESC 11

Facts: E.M., a Pakistani national, arrived in Ireland in 2011 and applied for asylum. This application was refused. In 2012, he was issued with a deportation order. That same year, the appellant married an EU national resident in Ireland and he was granted a residence permission on this basis. When seeking to renew this permission in 2017, the Minister refused … Read More

Principles:In the process of considering a whether to issue a deportation order, the Minister must consider a person’s employment prospects separately to whether or not the individual has a permission to reside in the State. A refusal to grant relief in the context of asylum and immigration cases should be used sparingly and with caution.
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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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MKFS v Minister for Justice

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Respondent/Defendant:Minister for Justice
Court/s:Supreme Court
Citation/s:[2020] IESC 48
Nature of Proceedings:Judicial review/appeal
Judgment Date/s:24 Jul 2020
Judge:McKechnie W
Category:Immigration
Keywords:Family Member, Free Movement, Marriage of Convenience
Country of Origin:Pakistan, Latvia
URL:https://www.courts.ie/acc/alfresco/62731429-025f-485f-95c7-8ceb67c95d52/2020_IESC_48(Unapproved).pdf/pdf#view=fitH

Facts: The applicant was a Pakistani national who entered the State on 12th June 2009 on a visit visa. On 12th February 2000 he married a Latvian national who was resident in the State and exercising her EU Treaty Rights. On 27th April 2010 the applicant applied for a residence card under the European Communities (Free Movement of Persons) (No. … Read More

Principles:The Minister for Justice is entitled in the course of the deportation decision-making process to rely on an earlier, unchallenged finding that a marriage is one of convenience. However, he must nonetheless have regard, in operating that process, to the Article 8 rights of the applicants as founded on the underlying relationship between the parties.
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Ezeani v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:Unreported
Judgment Date/s:11 Oct 2005
Judge:Hanna
Category:Citizenship
Keywords:Citizenship, Marriage of Convenience, Residence Permit
Country of Origin:Nigeria

The applicant, a Nigerian national and trainee solicitor resident in London, married an Irish woman. The applicant averred that he and his wife lived together in Ireland, and that he travelled to the UK regularly in order to continue his legal studies. The applicant applied for residency on the basis of the marriage. The Minister refused the application, stating that … Read More

Principles:Where serious allegations are made, an applicant for residency based on marriage to an Irish citizen has a legal and constitutional right to properly confront those allegations and should be informed of information on file concerning the allegations.
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TC & Anor 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:[2005] 4 IR 109, [2005] IESC 42
Judgment Date/s:20 Jun 2005
Category:Citizenship, Deportation
Keywords:Citizenship, Deportation, Deportation Order, Marriage of Convenience, Residence Permit
Country of Origin:Romania
URL:https://www.courts.ie/acc/alfresco/ec40c004-4cb9-4c1e-9e22-7522e052ebe7/2005_IESC_42_1.pdf/pdf#view=fitH

The Romanian applicant, having been deported to Romania, married an Irish citizen and thereafter sought to revoke the deportation order. The Minister for Justice, Equality and Law Reform refused his request stating that the couple had not been residing together as a subsisting family unit. The applicants challenged the Minister’s refusal, contending that in requiring them to have lived together … Read More

Principles:

The Minister is entitled to consider the length of time during which parties have lived together as a family unit in deciding whether to grant residency to a non-EU national married to an Irish citizen.

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