AB v Road Safety Authority

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Respondent/Defendant:Road Safety Authority
Court/s:High Court
Citation/s:[2021] IEHC 217
Nature of Proceedings:Appeal
Judgment Date/s:25 Mar 2021
Judge:Creedon E
Category:International protection, Residence
Keywords:Asylum Applicant, Discrimination (Indirect), Residence Document, Residence Permit
Country of Origin:India
URL:https://www.courts.ie/acc/alfresco/a6f51761-a591-46b8-8d2c-299e8fb6f7df/2021_IEHC_217.pdf/pdf#view=fitH

Facts: AB applied for international protection in Ireland in 2015. AB lived in Munster and worked in Co. Dublin. AB was unable to move to Dublin due to a lack of direct provision accommodation in that area. AB held a Temporary Residence Certificate (TRC) under s. 16(1) of the International Protection Act 2015, which allowed her to remain in the … Read More

Principles:A person who is present in the State as an applicant for international protection is not “normally resident” in the State for the purposes of an application for a learner driver’s permit. The refusal of the permit on this basis did not constitute discrimination on grounds of race.
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Lamasz and Gurbuz 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:[2011] IEHC 50
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Feb 2011
Judge:Cooke J.
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Non-EU National, Residence Document, Union Citizen
Country of Origin:Poland and Turkey
URL:https://www.courts.ie/acc/alfresco/31a5ff6d-c853-4f64-aad9-3fc760663baf/2011_IEHC_50_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Ms Lamasz was a Polish national working in Ireland in a Turkish restaurant. Mr Gurbuz was a Turkish national. The Applicants met in Limerick in 2006 and became engaged in 2008. They were married in Clonmel in 2009. In April 2009 Mr Gurbuz made an application for a Residence Card pursuant to Regulation 7 of the European Communities (Free Movement … Read More

Principles:In an application for a Residence Card where evidence of employment had been submitted, it was not a valid ground for rejection that officials had merely been ‘unable to make contact’ with the employers in question
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Saleem and Spryszynska 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:[2011] IEHC 49
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Feb 2011
Judge:Cooke J.
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Freedom of Movement (Right to), Non-EU National, Residence Document, Residence Permit, Union Citizen
Country of Origin:Poland and Pakistan
URL:https://www.courts.ie/acc/alfresco/fa0c6b3c-806d-4cc0-8140-d0c32394ddf0/2011_IEHC_49_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:Lamasz and Gunduz v. Minister for Justice, Equality and Law Reform [2011] IEHC 50

Mr Saleem was a national of Pakistan present in Ireland on a student visa. Ms Spryszynska was a Polish national working in Ireland. The Applicants met while both working in a McDonald’s restaurant and married in Naas in December 2008. That same month Mr Saleem made an application for a Residence Card pursuant to Regulation 7 of the European Communities … Read More

Principles:The Minister is entitled, without infringing Union law or applying the Regulations inconsistently with the provisions of Directive 2004/38/EC, to carry out reasonable checks in order to satisfy himself that the basic conditions of Regulations 6 and 7 are met in the case of the Union citizen and family member and that documentation submitted by way of proofs under Schedule 2 is authentic, provided that these checks do not involve or amount to the imposition of additional administrative obstacles or preconditions to the exercise of the Union citizen’s right to residence and to be joined or accompanied by a family member.
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Zada and Sirkovskaja v Minister for Justice, Equality and Law Reform and the Commissioner of An Garda Síochana

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2010] IEHC 341
Nature of Proceedings:Judicial Review
Judgment Date/s:01 Oct 2010
Judge:Cooke J.
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Non-EU National, Residence Document, Residence Permit, Union Citizen
Country of Origin:Iran and Estonia
URL:https://www.courts.ie/acc/alfresco/777cd4d8-cf5d-4a80-963e-7a7e57de17ea/2010_IEHC_341_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

The Applicants were a married couple: Mr Zada was an Iranian national who had unsuccessfully applied for asylum in Ireland; Ms Sirkovskaja was an Estonian national in full time employment. The Applicants married in February 2007 and Mr Zada applied for a residence card under Article 9 of Directive 2004/38/EC as a family member and spouse of a Union citizen. … Read More

Principles:The Minister is entitled to refuse a residence card to an Applicant unless and until he produces a valid passport.
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Decsi and Zhao v Minister for Justice, Equality and Law Reform; Levalda and Syed 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:[2010] IEHC 342
Nature of Proceedings:Judicial Review
Judgment Date/s:30 Jul 2010
Judge:Cooke J.
Category:EU Treaty Rights
Keywords:Employment, EU Treaty Rights, Residence Document, Residence Permit, Union Citizen
Country of Origin:Hungary and China; Pakistan and Latvia
URL:https://www.courts.ie/acc/alfresco/072a4882-7cde-41aa-9e04-4679644866e7/2010_IEHC_342_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Mr Decsi, a Hungarian citizen married Ms Zhao, a Chinese national, in March 2010. Ms Zhao applied to the Minister under the EC (Freedom of Movement) (No. 2) Regulations 2008 for the issue of a residence card. Ms Levalda, a Latvian national married Mr, Syed, a Pakistanti national that same month and made a similar application. Both cases related to … Read More

Principles:The right of the family members of Union citizens to reside in the State and their entitlement to take up employment are exercisable as and from the date of the receipt of the acknowledgment notice issued by the Minister pursuant to Regulation 7(1)(c) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2008.
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