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
Hamza v Minister for Justice, Equality and Law Reform
| 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 |
| 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. |