Facts: The first named applicant was a Kenyan national who arrived in Ireland with her infant daughter and applied unsuccessfully for asylum. Shortly after her arrival in Ireland, she met a Nigerian-born German national, and they began a relationship. She became pregnant with his child, the second named applicant, who was born in 2010 and was a German national by … Read More
OA and Another v Minister for Justice and Equality
| Respondent/Defendant: | Minister for Justice and Equality |
| Court/s: | High Court |
| Citation/s: | [2014] IEHC 384 |
| Nature of Proceedings: | Judicial Review |
| Judgment Date/s: | 30 Jul 2014 |
| Judge: | Barr J. |
| Category: | Residence |
| Keywords: | Free Movement, Minor, Non-EU National, Residence |
| Country of Origin: | Kenya |
| URL: | https://www.courts.ie/acc/alfresco/162b6ca0-95c8-4dff-a865-2bf56323fdff/2014_IEHC_384_1.pdf/pdf#view=fitH |
| Geographic Focus: | Ireland |
| Principles: | In assessing whether the primary carer of a Union citizen has sufficient resources for the purpose of establishing whether or not he or she obtains a derivative right of residence pursuant to the decision of the ECJ /CJEU in C-200/02 Chen, the resources do not have to be extant at the time of the primary carer’s application for residence and, in particular, they can be held to exist if the primary carer can obtain them by taking up employment. It therefore follows that a grant of permission pursuant to Chen must be on the basis of stamp 4 conditions, i.e. include the right to work. |