Druzinins and Druzinina 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 84
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Mar 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:Latvia
URL:https://www.courts.ie/acc/alfresco/31aabf11-187f-43a9-9d87-3eb8575642b0/2010_IEHC_84_1.pdf/pdf#view=fitH
Geographic Focus:Europe

The Applicants were a married couple, the husband Latvian, the wife Belarusian. Mr Drusinis found employment in Ireland in September 2007. His wife and stepdaughter moved to Ireland to join him in December 2008. In January 2009 Ms Druzinina applied to the Minister for a residence card under Regulation 6 of the European Communities (Free Movement of Persons) Regulations 2006 … Read More

Principles:Applications for residence cards by spouses of Union citizens exercising EU Treaty rights in the State must be determined within six months. The six month time limit does not apply to reviews of such applications. If a review is sought and accepted, a temporary permission should be issued until it has been determined.
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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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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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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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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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Goncescu and Ors v Minister for Justice, Equality and Law Reform

Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:High Court, Supreme Court
Citation/s:[2002] 8 ICLMD 88, [2003] IESC 44
Judgment Date/s:24 Jun 2002
Judge:Smyth
Category:Deportation
Keywords:Citizenship, Deportation, Deportation Order, Free Movement, Union Citizen
Country of Origin:Romania and Czech Republic

The Romanian and Czech applicants sought to quash deportation orders made against them on the grounds that the orders were contrary to their rights of establishment under European law. The applicants contended that they had effective rights of establishment under European Association Agreements between the European Union and candidate countries seeking membership of the Union.

Principles:The right of establishment under European law was circumscribed by the European Agreement, which entitled Member States to apply their rules regarding entry and stay in the Member States.
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