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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