Tagni 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 85
Nature of Proceedings:Judicial Review
Judgment Date/s:12 Mar 2010
Judge:Edwards J
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Free Movement, Freedom of Movement (Right to), Residence Permit, Union Citizen
Country of Origin:Cameroon; Poland
URL:https://www.courts.ie/acc/alfresco/2a17890a-f888-44be-85b6-96e9514c1e1a/2010_IEHC_85_1.pdf/pdf#view=fitH
Geographic Focus:Europe
References:Metock v Minister for Justice, Equality and Law Reform

The Applicant was a Cameroonian citizen and a failed asylum seeker. He married a Polish citizen in Ireland in December 2005. In February 2006 he applied for a residence card as the spouse of a Union citizen exercising EU Treaty rights. His application was made under Regulation 1612/68 but was dealt with under the European Communities (Free Movement of Persons) … Read More

Principles:In determining an application for a residence card by the spouse of a Union citizen exercising EU Treaty rights in the State, the Minister may seek proofs beyond those set out in Article 10 of the Citizenship Directive to verify the circumstances that are said to give rise to the right being asserted. Applications must be determined with six months but there is no fixed time limit for reviews of unsuccessful applications. Even so, a decision upon a review must be rendered within a reasonable time.
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Singh and Sledevska 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 86
Nature of Proceedings:Judicial Review
Judgment Date/s:17 Feb 2010
Judge:Cooke J
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Free Movement, Freedom of Movement (Right to), Residence Permit, Union Citizen
Country of Origin:India; Latvia
URL:https://www.courts.ie/acc/alfresco/64b08300-ea71-4b7b-8c89-4d5893cbbd05/2010_IEHC_86_1.pdf/pdf#view=fitH
Geographic Focus:Europe
References:Nearing v Minister for Justice, Equality and Law Reform

Mr Singh, an Indian citizen married Ms Sledevska, a Latvian citizen. In January 2009 Mr Singh applied to the Minister under the European Communities (Free Movement of Persons) Regulations, 2006 for a residence card as the spouse of a Union citizen exercising EU Treaty rights in the State. He provided no evidence of Ms Sledevska’s employment and his application was … Read More

Principles:In an application for residence card under the European Communities (Free Movement of Persons) Regulations, 2006 the Union citizen must provide direct evidence establishing the basis of her entitlement to and her exercise of the right of residence and of having moved to the State in exercise of her EU Treaty rights.
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Khalimov 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 91
Nature of Proceedings:Judicial Review
Judgment Date/s:14 Jan 2010
Judge:Clark J.
Category:EU Treaty Rights
Keywords:Citizenship, EU Treaty Rights, Family Life (Right to), Naturalisation, Residence Permit, Visa
Country of Origin:Uzbekistan
URL:https://www.courts.ie/acc/alfresco/7dab727f-cfc1-4304-a5e0-7e4f5ab5c87a/2010_IEHC_91_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:Sanni v Minister for Justice, Equality and Law Reform; Agbonlahor v Minister for Justice, Equality and Law Reform; R v Secretary of State for the Home Department, ex parte Mahmood; Boughanemi v France; JD v Residential Institutions Redress Committee and Ors; Slivenko v Latvia; Emonet v Switzerland; Kwakye-Nti et Dufie c. Pays Bas; Advic v United Kingdom; Sijakova v Macedonia; Ahmut v The Netherlands; Sen v The Netherlands

The Applicant was a national of Uzbekistan whose family, including his sister (an Irish citizen) resided in Ireland. The Applicant turned 18 in June 2008 and applied for a long-stay visa in July 2008. His application was refused by the Minister and the Applicant sought judicial review of that decision on the basis that the Minister failed to consider his … Read More

Principles:Article 8 of the European Convention on Human Rights cannot be considered to impose a general obligation on a State to authorise family reunion in its territory. An Applicant may not be entitled to the protection of Article 8 where he does not reside in a Contracting State to the Convention or where he is an adult, unless he can establish additional factors of dependence on his family.
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TM & Ors v Minister for Justice, Equality and Law Reform

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Moylan
Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court
Citation/s:[2009] IEHC 500
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Nov 2009
Judge:Edwards J.
Category:Citizenship, EU Treaty Rights
Keywords:Citizenship, Dependant, EU Treaty Rights, Family Member, Family Unity (Right to), Residence Permit, Union Citizen, Visa
Country of Origin:China (PRC)
URL:https://www.courts.ie/acc/alfresco/9094e8fe-2526-4cf9-b4f4-d5fedb9c794f/2009_IEHC_500_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:Contrast with Advocate General's Opinion in Case C-34/09 Ruiz Zambrano v Office National de l'Emploi

The first and second Applicants were a wife and husband respectively, the third and fourth Applicants their children, all Irish citizens. The fifth Applicant, L.W., was the mother of the first Applicant and the grandmother of the third and fourth Applicants. She was a Chinese citizen and a widow. She travelled to and from the State a number of times … Read More

Principles:

The EU has always recognised the principle of reverse discrimination. Ireland is entitled to treat its own citizens less favourably than other Union citizens who are in a position to rely on specific EU Treaty rights which Irish citizens are not in a position to avail of.

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Case C-127/08 – Metock and Ors v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:ECJ, High Court
Citation/s:Unreported
Judgment Date/s:14 Mar 2008
Judge:Finlay Geoghegan
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Family Formation, Free Movement, Freedom of Movement (Right to), Residence Permit, Union Citizen
URL:http://curia.europa.eu/juris/liste.jsf?oqp=&for=&mat=or&jge=&td=%3BALL&jur=C%2CT%2CF&num=C-127%252F08&page=1&dates=&pcs=Oor&lg=&pro=&nat=or&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&language=en&avg=&cid=13036373

The Irish legislation transposing Directive 2004/38/EC provided that a national of a third-country who is a family member of a Union citizen may reside with or join that citizen in Ireland only if he is already lawfully resident in another Member State. In each of the cases a third-country national arrived in Ireland and applied unsuccessfully for asylum but while … Read More

Principles:The right of a national of a non-EU citizen who is a family member of a union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State. In the case of spouses - it does not matter when or where the marriage took place or how the non-EU national spouse entered the host Member State. The Directive does not require that the EU citizen to have already founded a family at the time when he moves. It makes no difference whether the family members of an EU citizen enter the host Member State before or after becoming family members of the citizen.
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KM 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:[2007] IEHC 234
Judgment Date/s:17 Jul 2007
Judge:Edwards
Category:Residence
Keywords:Citizenship, Citizenship (Acquisition of), Residence, Residence Permit
URL:https://www.courts.ie/acc/alfresco/974b48c1-d09f-4a57-9aa3-584e46aba00f/2007_IEHC_234_1.pdf/pdf#view=fitH

The first-named applicant applied to the Minister for permission to remain in the State on foot of his marriage to the second-named applicant, an Irish citizen. Upon receipt of the application, the Minister’s office notified the applicant that such applications for residency in the State were taking approximately 12 to 14 months to process. Subsequently, the Minister indicated that the … Read More

Principles:

The Minister should process applications for residency on the basis of marriage to an Irish citizen within 12 months.

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SK & Anor v Minister for Justice, Equality and Law Reform and Ors

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Respondent/Defendant:Minister for Justice, Equality and Law Reform and Ors
Court/s:High Court
Citation/s:[2007] IEHC 216, Unreported
Judgment Date/s:28 May 2007
Judge:Hanna
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Free Movement, Freedom of Movement (Right to), Residence Permit, Union Citizen
URL:https://www.courts.ie/acc/alfresco/ae840163-3561-4b34-9196-23fed13550f4/2007_IEHC_216_1.pdf/pdf#view=fitH

The first-named applicant applied for asylum on arrival in Ireland. He subsequently married the second-named applicant, an Estonian national. The first-named applicant had made a previous application for asylum in Belgium and a transfer order pursuant to Council Regulation (EC) No. 343/2003 was made to remove him to Belgium. The applicants requested that the first-named applicant be granted residency on … Read More

Principles:

An applicant’s dishonesty should weigh in the balance in considering rights at issue in an application for residency in the context of EU Treaty rights. Directive 2004/38/EC is intended to apply to families that were established in a Member State prior to moving to a host Member State.

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Case C-1/05 – Jia v Migrationsverket

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Respondent/Defendant:Migrationsverket
Court/s:ECJ
Citation/s:[2007] ECR I-1
Judgment Date/s:19 Jan 2007
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Free Movement, Freedom of Movement (Right to), Residence Permit, Union Citizen
Country of Origin:China
URL:http://curia.europa.eu/juris/fiche.jsf?id=C%3B1%3B5%3BRP%3B1%3BP%3B1%3BC2005%2F0001%2FJ&oqp=&for=&mat=or&lgrec=en&jge=&td=%3BALL&jur=C%2CT%2CF&num=C-1%252F05&dates=&pcs=Oor&lg=&pro=&nat=or&cit=none%252CC%252CCJ%252CR%252C2008E%252C%252C%252C%252C%252C%252C%252C%252C%252C%252Ctrue%252Cfalse%252Cfalse&language=en&avg=&cid=13036138
Geographic Focus:Europe

Ms Jia, a Chinese national, was granted a visitor’s visa for entry into the Schengen states for a visit of a maximum of 90 days. She entered the Schengen states via a Swedish airport, and subsequently applied to the Swedish authorities for a residence permit, on the basis that she was related to a national of a Member State. The … Read More

Principles:Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State.
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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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Robert & Anor v Minister for Justice, Equality and Law Reform

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Supreme Court
Citation/s:[2004] IEHC 348
Judgment Date/s:02 Nov 2004
Judge:Peart
Category:Naturalisation, Refugee Law
Keywords:Naturalisation, Refugee, Refugee Law, Refugee Status, Residence Permit

The Minister refused the Applicants’ requests for naturalisation on the basis that time spent in the asylum process did not contribute towards the residence requirement of five years. The Applicants sought to review the Minister’s decision, arguing, inter alia, that he had fettered his discretion in the exercise of the “absolute discretion” conferred on him in deciding whether to issue … Read More

Principles:Where an asylum applicant withdraws his claim and subsequently applies for naturalisation, time spent in the asylum process will not normally be relevant in calculating residence in the State for the purposes of seeking naturalisation.
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Case C-200/02 – Zhu & Chen v Secretary of State for the Home Department

Respondent/Defendant:Secretary of State for the Home Department
Court/s:ECJ
Citation/s:[2004] ECR I-9925
Judgment Date/s:19 Oct 2004
Category:EU Treaty Rights
Keywords:Child, EU Treaty Rights, European Convention on Human Rights (ECHR), Free Movement, Freedom of Movement (Right to), Residence Permit
Country of Origin:China
URL:http://curia.europa.eu/juris/showPdf.jsf?text=&docid=49231&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=216473

Ms Chen, a Chinese national travelled to Belfast in order to give birth to her daughter Catherine on the island of Ireland (i.e. in Northern Ireland or the Republic). The child was immediately registered as an Irish citizen as provided for under the Irish Constitution as it then stood. The family wished to reside in the UK but was refused … Read More

Principles:

A Member State cannot deny residency to the mother of a child with citizenship in that Member State as to do so would be contrary to that child’s interests and contrary to Article 8 of the European Convention on Human Rights.

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Case C-109/01 – Secretary of State for the Home Department v Hacene Akrich

Respondent/Defendant:Hacene Akrich
Court/s:ECJ
Citation/s:C-109/01
Judgment Date/s:23 Sep 2003
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Free Movement, Freedom of Movement (Right to), Residence Permit
Country of Origin:Morroco
URL:http://curia.europa.eu/juris/showPdf.jsf?text=&docid=48613&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=216473
Geographic Focus:Europe

Mr Akrich, a Moroccan citizen, was deported from the UK. He returned there illegally and married a British citizen while unlawfully in the State. He applied for leave to remain, but was refused and deported to Ireland, where his spouse was established. His spouse subsequently took up a position in the UK, and Mr Akrich applied to the UK for … Read More

Principles:

A national of a non-EU state married to an EU citizen may reside in the citizen’s state of origin where the citizen, after making use of their right to freedom of movement, returns to their home country with their spouse in order to work, provided that the spouse has lawfully resided in another Member State.

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Case C-459/99 – MRAX v Etat Belge

Respondent/Defendant:Etat Belge
Court/s:ECJ
Judgment Date/s:25 Jul 2002
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Free Movement, Freedom of Movement (Right to), Residence Permit, Union Citizen
URL:http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:61999CJ0459&from=EN

The Mouvement contre le racisme, l’antisémitisme et la xénophobie ASBL (Movement to combat racism, anti-semitism and xenophobia; “MRAX”) applied to the Belgian Council of State for annulment of a 1997 Ministerial Circular requiring a visa for the purpose of contracting a marriage in Belgium or of reuniting a family on the basis of a marriage contracted abroad. MRAX argued that … Read More

Principles:

The right of residence of nationals of non-member countries married to Community citizens derives directly from rules of Community law.

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State (Goertz) v Minister for Justice & Anor

Respondent/Defendant:Minister for Justice & Anor
Court/s:High Court, Supreme Court
Citation/s:[1948] IR 45, Unreported
Judgment Date/s:23 Apr 1947
Category:Deportation, Detention
Keywords:Deportation, Detention, Residence Permit

Mr. Goertz, a Luftwaffe officer, landed in Ireland without permission in 1940 and remained undetected for over a year. He was then arrested and interned for five years. In 1946 he was released and worked for a time as a secretary. The Minister for Justice issued orders in 1947 for Mr. Goetz’s arrest, detention and deportation back to Germany. Mr. … Read More

Principles:

Time spent in detention cannot be treated as a period of ordinary residence.

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