The Applicant was a Somali refugee who had made an application pursuant to s. 18 of the Refugee Act, 1996, for family reunification – that is, for permission to have his family come to join him in safety in Ireland. Section 18 establishes for declared refugees a right to family reunification. The section provides that such applications are first to … Read More
Hamza v Minister for Justice, Equality and Law Reform
| Respondent/Defendant: | Minister for Justice, Equality and Law Reform |
| Court/s: | High Court |
| Citation/s: | [2010] IEHC 427 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 25 Nov 2010 |
| Judge: | Cooke J. |
| Category: | Refugee Law |
| Keywords: | Family Reunification, Refugee, Refugee Law |
| Country of Origin: | Somalia |
| URL: | https://www.courts.ie/acc/alfresco/ef83826d-7d28-4a03-bdd3-e30291125d17/2010_IEHC_427_1.pdf/pdf#view=fitH |
| Geographic Focus: | Europe |
| Principles: | The Court concluded that s.18(3)(b)(i) of the 1996 Act does not require that the Minister be satisfied that the refugee and spouse be parties to a marriage which is recognisable as valid in Irish law, or that any particular documentary proof of the foreign ceremony be produced. It requires, merely, that the refugee and spouse are married and that the marriage is subsisting at the date of the application. |