Wen Wei & Ting Ting v Minister for Justice & anor

EMNireland

Respondent/Defendant:Minister for Justice and the Commissioner of An Garda Síochána
Court/s:Court of Appeal, Supreme Court
Nature of Proceedings:Appeal
Judgment Date/s:19 Dec 2024
Judge:Woulfe, S., Hogan, G., O’Donnell
Category:Immigration law
Keywords:Border control, Entry (Refusal of), Non-EU National, Refusal of leave to land, Student, Visa
Country of Origin:Malaysia
URL:https://www.courts.ie/acc/alfresco/d56fd777-f75b-4b75-a57c-14e76b9e95c0/[2024]_IESC__58_Woulfe%20J.pdf/pdf#view=fitH

Facts: The appellants were two Malaysian nationals who sought permission to land and enter the State at Cork Airport in December 2020 in order to start an English language course in January 2021. They were refused permission to land because the course was to be conducted online and not in person. This decision was made at the time of the … Read More

Principles:The reference to public policy in the refusal of leave to land ground under section 4(3)(j), Immigration Act 2004 should be understood as distinct from national security and as granting wide discretion to the Minister.
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AA & ors v The Minister for Justice

EMNireland

Respondent/Defendant:The Minister for Justice
Nature of Proceedings:Appeal
Judgment Date/s:13 Mar 2024
Judge:Faherty M.
Category:Visa
Keywords:Employment, Employment (Highly Qualified), Visa
Country of Origin:Egypt
URL:https://www.courts.ie/ga/view/Judgments/9b6ce92e-8d90-4a0b-8a31-4c188a4ddc76/3d3d1c43-3f69-4a41-a923-cb79ce8551dc/2024_IECA_57.pdf/pdf

Facts: Mr A, the first named applicant, was an Egyptian national who was offered a job as a software application developer in Ireland. He was issued with a Critical Skills Employment Permit. The applicant, along with his wife and child, then applied for visas to enter Ireland. Whereas the issuance of employment permits falls under the remit of the Department … Read More

Principles:A decisions to refuse a visa applications must provide adequate reasons for each ground of refusal.
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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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I.A.H. v Minister for Justice, Ireland and the Attorney General

EMNireland


I.A.H. v Minister for Justice, Ireland and the Attorney General
Respondent/Defendant:Minister for Justice, Ireland and the Attorney General
Court/s:High Court
Citation/s:[2023] IEHC 117
Nature of Proceedings:Judicial Review
Judgment Date/s:08 Mar 2023
Judge: Phelan S.
Category:Visa
Keywords:Country of Origin, European Convention on Human Rights (ECHR), Family Life (Right to), Family Reunification, Family Unity (Right to), Protection (Subsidiary), Visa
Country of Origin:Iraq
URL:https://courts.ie/acc/alfresco/944524e5-c5e2-4cb2-a71c-4408eff09ab5/2023_IEHC_117.pdf/pdf#view=fitH

Facts: The applicant is an Iraqi national who arrived in Ireland in 2011. She was granted subsidiary protection status in 2015 and in 2018 married an Iraqi national by proxy. She applied for a visa for him to join her in Ireland in 2019 under the Policy Document on Non-EEA Family Reunification. The Minister refused this application and the appeal … Read More

Principles:In considering an application for family reunification under the Policy Document on Non-EEA Family Reunification for a beneficiary of subsidiary protection, proper consideration must be given the impact on the applicant’s protection status and family life and ability to live together elsewhere.
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Mukovska v Minister for Justice and Minister for Foreign Affairs

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Mukovska v Minister for Justice and Minister for Foreign Affairs
Respondent/Defendant:Minister for Justice, Ireland and Minister for Foreign Affairs
Court/s:Court of Appeal
Citation/s:[2021] IECA 340
Nature of Proceedings:Appeal
Judgment Date/s:21 Dec 2021
Judge:Hunt T.
Category:Visa
Keywords:Overstay(er), Student, Visa
Country of Origin:Ukraine
URL:https://www.courts.ie/view/judgments/a9a730a3-241c-48e9-adc7-f17c36a9ff06/e49c3743-7700-4e03-ab81-ce2e2e582c46/2021_IECA_340%20(Unapproved).pdf/pdf

Facts: The appellant, a Ukrainian national, applied for a student visa for Ireland to attend an English language course. The visa application was refused on the grounds of, inter alia, insufficient finances and that the need to undertake the course was not demonstrated or warranted. The appellant’s appeal was also refused. The Appeal Officer’s refusal cited an additional reason for … Read More

Principles:Reasons, even if terse, short-form, broad and/or general, must nonetheless disclose the essential rationale of a decision, whether it is discretionary, or concerned with a benefit or privilege rather than a right or obligation. The level of detail that must be set out in reasons is dependent on and influenced by the nature of the decision in each case.
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Nwosu v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2017] IEHC 372
Nature of Proceedings:Judicial Review
Judgment Date/s:10 Mar 2017
Judge:Faherty M.
Category:Residence, Visa
Keywords:Family Member, Family Reunification, Immigration, Residence, Third-Country National, Visa
Country of Origin:Nigeria / Ireland
URL:https://www.courts.ie/acc/alfresco/46fee6b0-13c3-4252-8513-389ea29706a0/2017_IEHC_372_1.pdf/pdf#view=fitH

Facts: The first named applicant was a health care worker and an Irish citizen. The second named applicant was a business owner and a Nigerian citizen. The first named applicant was born in Nigeria but moved to Ireland in 2002. In 2008, she was granted three years permission to remain in the State. In her grounding affidavit, the first named … Read More

Principles:

The Minister was entitled to refuse an application for a join spouse visa on the basis that the applicants did not meet the minimum income threshold set out in the  INIS Policy Document on non-EEA Family Reunification and therefore finding that the grant of the visa was likely to put pressure on the family’s financial resources with the likelihood of a cost to public funds and public resources.  

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WS v Minister for Justice and Equality

Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2017] IEHC 128
Nature of Proceedings:Judicial Review
Judgment Date/s:23 Feb 2017
Judge:O'Regan M.
Category:Residence
Keywords:Deportation Order, European Convention on Human Rights (ECHR), Family Life (Right to), Immigration, Non-national, Residence, Student, Visa
Country of Origin:Malaysia
URL:http://courts.ie/Judgments.nsf/0/36BBA683D8E20E90802580F0005A4B79
Geographic Focus:Ireland

Facts:  The applicant was a Malaysian citizen who arrived initially in Ireland in 2007 with his wife. They had secured a visitors’ permission to remain for 90 days, however they outstayed this period by approximately 2 years when they returned to Malaysia in 2009. In July 2009 the applicant secured a 1 year valid student visa and his wife and … Read More

Principles:

The conditions attached to a student visa did not preclude such a person from being considered to be a settled migrant for the period for which they have permission.

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Ahsan v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2016] IEHC 691
Nature of Proceedings:Judicial Review
Judgment Date/s:28 Oct 2016
Judge:Faherty M.
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Freedom of Movement (Right to), Immigration, Third-Country National, Union Citizen, Visa
Country of Origin:United Kingdom/Pakistan
URL:https://www.courts.ie/acc/alfresco/208f7b4e-f207-4984-9ae9-98f2a6316beb/2016_IEHC_691_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was an EU citizen who had moved to the State and wanted a visa for his wife to allow her join him. The rights asserted by the applicants arose pursuant to Directive 2004/38/EC (“the Citizens’ Directive”) and in particular article 5(2) which provided that such visas should be issued “as soon as possible and on the basis … Read More

Principles:

The decision in Ahsan establishes that delays of several months in the determination of visa applications by non-national family member of EU citizens to allow them join EU nationals in the State are in breach of EU law, notwithstanding the unprecedented surge in the numbers of such applications which pose logistical difficulties for the Minister. Generalised concerns as to potential abuse of EU Treaty Rights are not sufficient to justify such delays.

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Mahmood v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2016] IEHC 600
Nature of Proceedings:Judicial Review
Judgment Date/s:14 Oct 2016
Judge:Faherty M.
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Freedom of Movement (Right to), Immigration, Third Country, Union Citizen, Visa
Country of Origin:United Kingdom/Pakistan
URL:https://www.courts.ie/acc/alfresco/af4577cb-1ce2-4d85-98c8-0ef1889462de/2016_IEHC_600_1.pdf/pdf#view=fitH
Geographic Focus:Other

Facts: The applicant was an EU citizen who intended to move to the State and wanted a visa for his wife to allow her accompany him. The rights asserted by the applicants arose pursuant to Directive 2004/38/EC (“the Citizens’ Directive”) and in particular article 5(2) which provided that such visas should be issued “as soon as possible and on the … Read More

Principles:

The decision in Mahmood establishes that delays of several months in the determination of visa applications by non-national family member of EU citizens to allow them accompany the EU nationals to the State are in breach of EU law, notwithstanding the unprecedented surge in the numbers of such applications which pose logistical difficulties for the Minister. Generalised concerns as to potential abuse of EU Treaty Rights are not sufficient to justify such delays.

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Ford and Another v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 720
Nature of Proceedings:Judicial Review
Judgment Date/s:19 Nov 2015
Judge:Eagar J.
Category:Residence, Visa
Keywords:Residence, Visa
Country of Origin:Ireland and Nigeria
URL:https://www.courts.ie/acc/alfresco/51d7377f-7996-45cd-ac33-6a4c18793bb7/2014_IEHC_123_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants were a married couple. The first applicant, the wife, was an Irish national. She had three children from another relationship who were all Irish citizens and aged approximately 21, 12 and 6. Her husband was a Nigerian national. She was introduced to him by a mutual friend in or around 2010 and they maintained contact via telephone … Read More

Principles:

This decision emphasises the extent to which novel means of communication, such as social media, can be important in establishing the existence of article 8 ECHR rights and similar constitutional rights for the purpose of making immigration-related applications, such as an application to join a spouse or, in the context of international protection, an application for family reunification. The decision also indicates that, when assessing such applications and the “family rights” at play,, decision-makers should give proper regard to the provisions of the Constitution, and not restrict their focus to article 8 ECHR.

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Li v Minister for Justice

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2015] IEHC 638
Nature of Proceedings:Judicial Review
Judgment Date/s:21 Oct 2015
Judge:Humphreys J.
Category:Residence, Visa
Keywords:Immigration, Residence, Visa
Country of Origin:China
URL:https://www.courts.ie/acc/alfresco/c5061a65-2dd5-4732-babc-35e8ba7a395b/2015_IEHC_638_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts: The applicants were Chinese nationals who were married and had an adult daughter, who married an Irish citizen in May 2011 and obtained Irish residency thereafter. In 2012 the applicants obtained a 90 day visitor’s visa to come to Ireland to visit their daughter. They returned to China immediately before the visa expired. They subsequently applied for a further … Read More

Principles:

Where a visa-required national enters the State and wishes to remain on its territory after the expiry of the visa, he or she is required, upon or before expiry of that visa, to leave the State and make an application to re-enter it from outside its territory.

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TAR and IH v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2014] IEHC 385
Nature of Proceedings:Judicial Review
Judgment Date/s:30 Jul 2014
Category:Visa
Keywords:Entry (Refusal of), Immigration, Visa
Country of Origin:Iraq
Geographic Focus:Ireland

Facts:The applicants were Iraqi nationals. The first named applicant was retired and his wife, the second named applicant, was a teacher. They sought visas from the Minister for Justice to enter Ireland to visit their son, a naturalised Irish citizen. Their application was refused. They unsuccessfully appealed the refusal. The Minister affirmed it and held that their obligations to return … Read More

Principles:

Reasons for refusing visa applications do not have to be lengthy, but they must express the basis upon which the applications have been refused in order that the unsuccessful applicants may understand them and decide whether or not to appeal or review them, and in order that a court may review them in any challenge.

If the Minister for Justice has concerns about the information provided in support of a visa application, it is prudent to raise this with an applicant before determining the application rather than refusing it and thereby encouraging an applicant to take legal proceedings.

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ZMH (Somalia) v Minister for Justice and Equality

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Respondent/Defendant:Minister for Justice and Equality
Court/s:High Court
Citation/s:[2012] IEHC 221
Nature of Proceedings:Judicial Review
Judgment Date/s:24 May 2012
Judge:Cooke J
Category:Refugee Law, Residence
Keywords:Entry (Refusal of), Family Member, Family Reunification, Family Unity (Right to), Refugee, Residence, Residence Permit, Visa
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/68931e53-7755-41de-8c24-597e72be0d88/2012_IEHC_221_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The applicant was a national of Somalia and declared a refugee in 2008. She applied for family reunification for her husband, two sons and her elderly mother, who were said to be nationals of Somalia but all living in Ethiopia. The Minister requested the applicant to produce Somali passports or identity documents for her family members. This was for … Read More

Principles:

Where the Minister has not refused to exercise his public function, the Court could not grant a mandatory order compelling him to do so.

Given the requirements of Section 18 of the Refugee Act 1996 and the consequence for the State’s international obligations in issuing authorisations for international travel, the Minister is both entitled and obliged to satisfy himself that authorisations for family reunification and travel visas issued for that purpose are validly issued to persons who have the genuine family relationship claimed and that their identities have been authentically established.

Although considerable doubt surrounds the authenticity of Somali identity documents, it is not unreasonable or irrational for the Minister to insist on the presentation of such a passport, as Somali passports are not rejected outright but only as the sole means of establishing identity. The degree of weight to be attributed to a passport ultimately would depend on the cumulative effect of other proofs and information offered, including DNA tests, if relevant.

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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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