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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