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
TM & Ors v Minister for Justice, Equality and Law Reform
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 |
| 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. |