Saleem and Spryszynska 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:[2011] IEHC 49
Nature of Proceedings:Judicial Review
Judgment Date/s:16 Feb 2011
Judge:Cooke J.
Category:EU Treaty Rights
Keywords:EU Treaty Rights, Freedom of Movement (Right to), Non-EU National, Residence Document, Residence Permit, Union Citizen
Country of Origin:Poland and Pakistan
URL:https://www.courts.ie/acc/alfresco/fa0c6b3c-806d-4cc0-8140-d0c32394ddf0/2011_IEHC_49_1.pdf/pdf#view=fitH
Geographic Focus:Ireland
References:Lamasz and Gunduz v. Minister for Justice, Equality and Law Reform [2011] IEHC 50

Mr Saleem was a national of Pakistan present in Ireland on a student visa. Ms Spryszynska was a Polish national working in Ireland. The Applicants met while both working in a McDonald’s restaurant and married in Naas in December 2008. That same month Mr Saleem made an application for a Residence Card pursuant to Regulation 7 of the European Communities … Read More

Principles:The Minister is entitled, without infringing Union law or applying the Regulations inconsistently with the provisions of Directive 2004/38/EC, to carry out reasonable checks in order to satisfy himself that the basic conditions of Regulations 6 and 7 are met in the case of the Union citizen and family member and that documentation submitted by way of proofs under Schedule 2 is authentic, provided that these checks do not involve or amount to the imposition of additional administrative obstacles or preconditions to the exercise of the Union citizen’s right to residence and to be joined or accompanied by a family member.
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