Hassan v Minister for Justice, Equality and Law Reform

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Respondent/Defendant:Minister for Justice, Equality and Law Reform
Court/s:Supreme Court
Citation/s:[2013] IESC 8
Nature of Proceedings:Appeal
Judgment Date/s:20 Feb 2013
Judge:Fennelly J. (Denham CJ, Murray, Hardiman and Clarke JJ. concurring) Murray J.
Category:Refugee Law, Residence
Keywords:Family Reunification, Refugee, Residence
Country of Origin:Somalia
URL:https://www.courts.ie/acc/alfresco/74b8fd98-9cfd-4da0-acab-704ad36f9366/2013_IESC_8_2.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The first applicant was a national of Somalia and was granted refugee status. He then applied to the Minister for Justice pursuant to Section 18 of the Refugee Act 1996 for family reunification with his alleged spouse, the second applicant. He indicated in his application that his marriage was religious in nature but he was unable to provide any … Read More

Principles:

The question of whether a person the subject of an application for family reunification is the spouse of the applicant, as alleged, is a matter for the Minister for Justice to decide. A marriage contracted in a foreign country which complies with the requirements of the laws of that country, the lex loci celebrationis, is valid under Irish law, unless it conflicts with fundamental requirements relating to validity, such as incapacity to marry. A decision made by the Minister must be based on all the evidence submitted. A lack of formal proof of the marriage is a matter in respect of which the Minister is entitled to seek an explanation, and must take any explanation into account in deciding whether or not a marriage subsists. He must also take into account any evidence which suggests that the parties have cohabited as a married couple.

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