Hamza 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 9
Nature of Proceedings:Appeal
Judgment Date/s:20 Feb 2013
Judge:Fennelly J. (Denham CJ, Murray, Hardiman and Clarke JJ. concurring)
Category:Refugee Law, Residence
Keywords:Charter of Fundamental Rights of the European Union, Family Reunification, Refugee, Residence
Country of Origin:Sudan
URL:https://www.courts.ie/acc/alfresco/76696c85-52c2-425f-9edc-62942e421d41/2013_IESC_9_1.pdf/pdf#view=fitH
Geographic Focus:Ireland

Facts The first applicant was a national of Sudan who had been granted refugee status. He applied to the Minister for Justice pursuant to s. 18 of the Refugee Act 1996 for family reunification with his spouse, the second named applicant. In the course of his application he submitted a certificate which indicated that the marriage had taken place by … 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. Proxy marriages validly contracted under foreign law are therefore valid under Irish law, unless the existence of a fundamental requirement relating to validity is shown to exist.

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