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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